Let an Alameda County DUI Lawyer Protect Your Rights
Driving under the influence (DUI) is among the most common criminal charges in California. It results in more arrests than any other criminal offense. The frequency of these arrests promotes the assumption that a conviction is certain. In reality, there are many ways to challenge an arrest. With the right Alameda County DUI lawyer, you could avoid a conviction and end up without a mark on your record.
DUI might not seem as serious as the most severe offenses like homicide or burglary, but California prosecutors still aggressively pursue convictions. Because of the stigma associated with drunk driving, there is pressure to convict someone accused of this offense even when the evidence against them is weak. At Berkowitz Law, we focus on building the strongest defense possible on your behalf. Reach out to learn how our Alameda County DUI lawyers may be able to help you.
What is the BAC for Drunk Driving Charges in California?
Under California Vehicle Code § 23152(b), it is illegal to operate a motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08 percent or higher. There are multiple ways for the state to pursue convictions in these cases, but prosecutors typically rely on blood, breath, or urine test results that show a BAC over the legal limit.
The impairment threshold is even lower for commercial drivers. These motorists can be convicted with a BAC as low as 0.04 percent. Zero-tolerance laws also criminalize drivers under 21 with a BAC above .01 percent.
If BAC test results are not available, the state might base its DUI charges on evidence like observed impairment or admissions of drinking. Police officers can also use field sobriety tests to try to prove that you were under the influence. Our team of attorneys is ready to help you challenge this evidence in court.
First-Offense DUI
A first-offense DUI is usually charged as a misdemeanor. While penalties differ by county and situation, they often include fines, license suspension, probation, and mandatory DUI education programs.
For a first conviction, fines and fees can total several thousand dollars when court costs and assessments are included. License suspension after a DUI conviction typically lasts six months, though drivers may be eligible for a restricted license with an ignition interlock device (IID). Jail time is possible, but many first-time offenders receive a non-custodial sentence similar to community service – especially if there are no aggravating factors like injury or extremely high BAC.
Second-Offense DUI
A second DUI within ten years is penalized more harshly. The state considers repeat offenses as proof that the defendant did not learn from the first conviction. Penalties include increased fines, longer license suspensions, and mandatory jail time.
A second DUI conviction is more likely to result in a jail sentence than a first offense, although strong advocacy can lead to an alternative to jail. A license suspension can last up to 2 years, with the possibility of a restricted license after a certain period. DUI education programs tend to be longer, often requiring 18 months of attendance. Probation conditions may also include avoiding alcohol and steering clear of places where alcohol is served.
Third-Offense DUI
A third DUI within ten years is still classified as a misdemeanor but carries penalties approaching felony severity. Defendants can face up to one year in county jail, three to five years of probation, and a lengthy license suspension. In addition, an ignition interlock device may be mandatory for several years.
By the third conviction, prosecutors often seek to impose harsher penalties to deter further offenses. Judges may require completion of a 30-month DUI education program and impose significant fines. The combination of jail time, financial costs, and loss of driving privileges can severely impact a person’s livelihood. The prospect of facing a third charge during the look-back period can be intimidating, but your past convictions do not guarantee a conviction. At Berkowitz Law, we build your defense strategy on the facts, and we know how to beat these charges.
When Does a DUI Become a Felony in California?
A fourth DUI within ten years is charged as a felony, regardless of whether the incident involved injury. Felony DUIs also include cases where a DUI causes injury or death, even if it is a first or second offense.
Felony DUI convictions carry penalties that include either a county jail or state prison sentence ranging from 16 months to three years, with even longer sentences possible in cases involving injury. A conviction also results in designation as a convicted felon, which carries collateral consequences such as loss of firearm rights and limitations on employment opportunities.
Felony DUI cases are life-changing, and defendants face the possibility of years behind bars as well as significant financial and personal consequences.
Aggravating Factors in DUI Cases
Not all DUI charges are the same, as the state can pursue harsher penalties even for first-time offenders in some cases. Certain factors can increase the severity of penalties, even for first-time offenders. These include having a BAC of 0.15 percent or higher, refusing a chemical test, causing an accident, driving with a child in the car, or speeding while intoxicated. These aggravating factors can lead to stiffer penalties and make it more difficult to negotiate a lesser charge.
What is a “Wet Reckless” Charge in California?
One unique feature of California DUI law is the option of a “wet reckless” conviction under Vehicle Code § 23103.5. A wet reckless is not a separate charge but a reduced plea deal offered in some DUI cases. It allows the defendant to plead guilty to reckless driving involving alcohol rather than more serious charges or penalties.
The advantages of a wet reckless include reduced fines, shorter license suspension, and no minimum jail time for first offenders. It may also carry shorter DUI education program requirements. However, a wet reckless still counts as a prior DUI if you are arrested again within 10 years, which can increase penalties for future convictions.
Prosecutors usually offer wet reckless deals in cases where the BAC was near the legal limit or when there are weaknesses in the evidence. An experienced DUI lawyer can negotiate for this reduction, potentially sparing the defendant from the harshest DUI penalties.
An Alameda County DUI Lawyer Can Also Fight Drug-Related Charges
DUI does not only refer to alcohol. California law also bans driving under the influence of drugs, including prescription medications, marijuana, and illegal substances. Unlike alcohol-related DUIs, drug DUIs lack a specific measurable limit like BAC. Instead, prosecutors must demonstrate that the driver was impaired by drugs to the point that they could not operate a vehicle safely.
Administrative Penalties: The DMV Process
In addition to criminal charges, DUI arrests trigger administrative penalties from the California Department of Motor Vehicles (DMV). After an arrest, drivers have only 10 days to request a DMV hearing to challenge their license suspension.
The DMV process is separate from the criminal case, and success in one does not guarantee success in the other. However, both proceedings affect driving privileges. A drunk driving defense attorney can represent you in both areas, ensuring that your rights are protected and that every opportunity to preserve your license is pursued. Even if you are unsuccessful at the administrative level, going through that process could give your attorney a preview of the state’s evidence in your criminal case.
Defending Against DUI Charges
Defending a DUI case requires examining every aspect of the arrest, from the initial traffic stop to the administration of field sobriety and chemical tests. One common defense is challenging the legality of the stop itself. If the arresting officer lacked reasonable suspicion to initiate the stop, any evidence gathered afterward may be inadmissible.
Chemical tests provide additional opportunities to challenge an arrest. Breathalyzers and blood tests need to be accurately calibrated, properly administered, and carefully analyzed. Mistakes in procedures can produce inaccurate results, which an attorney can point out to weaken the prosecution’s case.
Medical conditions, improper police conduct, and inconsistencies in officer testimony may also form the basis of a defense. Our DUI attorneys can review the facts and identify the best approach.
Dealing With Collateral Consequences After an Arrest
The impact of a DUI extends beyond fines and jail time. You could also face collateral consequences that stem from your conviction but are not directly handed down by a judge. For example, a conviction can dramatically increase insurance premiums, sometimes resulting in loss of coverage. Professional drivers risk losing their commercial licenses, making it impossible to continue in that career.
Even personal relationships can become strained, as the stigma of a DUI can impact trust and reputation. Since the consequences are so wide-ranging, defending against DUI charges involves more than just avoiding jail. These collateral effects can follow you long after your jail time is over and any fines are paid.
The Importance of the Right Alameda County DUI Lawyer
The complexity of DUI law and the severity of penalties make it essential to have experienced legal representation. A skilled DUI lawyer understands both legal and scientific aspects of these cases. They can challenge the state’s evidence, negotiate with prosecutors, and represent you at DMV hearings.
Attempting to navigate the system alone increases the risk of severe penalties and missed opportunities to obtain reduced charges or dismissal. An attorney ensures your rights are protected at every stage, from arraignment to trial.
Contact An Alameda County DUI Lawyer Today
DUI charges in California carry serious, long-lasting consequences. At Berkowitz Law, we are committed to giving the accused the strong defense they deserve. We understand what’s at stake and will work tirelessly to achieve the best possible result for you. Reach out today to schedule a free consultation with an Alameda County DUI lawyer.