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 a DUI lawyer may be able to help you.

Facing DUI Charges?

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First Steps After an Arrest for DUI

Being arrested on suspicion of driving under the influence of alcohol or drugs is often a frightening and disheartening experience. Those accused are generally presumed guilty, so it is important to act quickly to protect legal rights and secure the best opportunities for defense.

Get Advice from a Lawyer Who Understands DUI Cases in Alameda County

Contacting a knowledgeable attorney is a wise move at this point. An experienced DUI lawyer can explain the situation and guide you through the next steps, whether you are the person facing charges or trying to help someone else who has been arrested for DUI. Having a skilled legal advocate on your side can not only make all the difference in the outcome of your case but also provide reassurance and comfort during this challenging time.

Release from Jail

Most of the time, when someone is arrested for DUI, they will be released either on bail or on the condition that they return to court when required. (This is known as being released on your own recognizance.) Your attorney should be able to assist if bail is necessary, and if you start working with a lawyer early on, your attorney may be able to negotiate a release on the most favorable terms.

How Bail Works

Bail is often misunderstood in Alameda County. It is an amount posted as security to ensure that the arrested person will return to court. If the arrested person complies with the requirements, the bail money will be returned; otherwise, it may be forfeited. Some bail bond companies will provide bail money on behalf of someone who has been arrested, in exchange for a fee. In California, that fee is generally 10% of the bail amount. The fee is owed regardless of the outcome of the case—it is essentially a fee for borrowing the bail money.

If you need to post bail and are not able to obtain the money on your own, then the next step is to contact a licensed bail agent. You will need to pay the fee and be prepared to post collateral if necessary. After the paperwork is signed, the agent will post the bond, and the release from jail will usually occur within 1-3 hours. Remember that it is vitally important to appear for all required court dates as ordered. If you have a problem that prevents you from attending, notify your attorney immediately so your lawyer can intervene and try to prevent issues that could be very costly.

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.

Members of the U.S. Armed Forces may be eligible to pause criminal DUI proceedings through a diversionary program that can enable them to obtain treatment for underlying mental health or substance abuse issues. At Berkowitz Law, we work to help you take advantage of any available diversionary program that would benefit your interests.

Offense Jail Time License Suspension
1st DUI offense Probation/up to 6 months 6-10 months
2nd DUI offense Up to 1 year 2 years
3rd DUI offense 2 months to 1 year 3 years
4th DUI offense  6 months to 1 year or more 4 years
Felony DUI 16 months or more Up to 5 years or more 

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.

Jesse Berkowitz knows how to protect clients when the stakes are high.

Charged with DUI?

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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.

Other Related Legal Violations in California

In addition to standard DUI charges, police may also charge drivers with:

When a person is convicted of driving under the influence in California, they are supposed to receive a legal warning that if they kill someone in the future while driving under the influence, they can be charged with murder. This is known as the “Watson advisement.”

Ignition Interlock Devices and SCRAM Bracelets

Technology used to monitor the conduct of those convicted of DUI offenses includes ignition interlock devices (IIDs) and Secure Continuous Remote Alcohol Monitor (SCRAM) bracelets.  IIDs are breathalyzer devices installed in your vehicle that will not allow the engine to start if alcohol is detected on the driver’s breath. 

An IID is generally not required for a first-time DUI unless the driver caused injuries. Repeat offenses and DUIs that result in injuries usually require mandatory IID installation for one year or more. A driver required to use an IID may not drive any vehicle without one. Tampering with an IID or driving without it violates Section 23247 of the California Vehicle Code and is punishable by up to six months in jail and a fine of up to $5,000.

SCRAM bracelets are ankle monitors that test the wearer’s sweat every 30 minutes for the presence of alcohol. Wearing a SCRAM bracelet may be a condition of probation or an alternative to jail for repeat DUI offenses.

An Alameda County DUI Lawyer Can Also Fight Drug-Related Charges

DUI does not only refer to alcohol. Section 23152(f) of the California Vehicle Code 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. Officials use field sobriety tests, drug-detection expert analysis, and blood tests rather than breathalyzer testing. We know how to challenge the findings of these assessments.

We defend drivers accused of driving impaired by all types of substances, including:

  • Marijuana – It does not matter whether you have a medical marijuana card or purchased cannabis legally. If you are found to be impaired, you can lose your license and face other DUI penalties
  • Prescription drugs – Even if drugs are legal to use, if police believe a substance has impaired your driving ability, they can charge you with DUI
  • Amphetamines
  • Cocaine – Police may look for physical symptoms such as jittery behavior, dilated pupils, rapid speech, or elevated heart rate
  • LSD – Drug recognition experts may be asked to evaluate eye response, pulse, and behavior
  • Ecstasy
  • Ambien
  • Benzos
  • Opioids

When police believe they have grounds to suspect a driver has been operating under the influence, they can make an arrest and require the driver to submit to a chemical test. Blood tests are typically used to test for cocaine and related substances. Urine tests may be used for other substances. Refusing to take a chemical test allows law enforcement to suspend your license and issue other penalties, including jail time added to a sentence and additional drug school requirements.

“Open container laws” also apply to transportation of marijuana, and you can be fined for an infraction under California Vehicle Code Section 23222(b) if you are found driving with an unsealed container of any cannabis products in your vehicle.

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.

Challenging Chemical Test Results

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.

In Alameda County, law enforcement officials often use specific equipment models to test for alcohol. For portable testing by officers on the road, the Draeger Alcotest 7510 is the primary testing device. Police also use handheld screening devices such as the Alco-Sensor IV. When testing is performed at the police station, the Drager Alcotest 9510 or 7110MK IIIC is frequently used. At Berkowitz Defense, we are familiar with these devices and their weaknesses, so we are prepared to challenge evidence based on test results.

Scientific and Situational Defenses

Medical conditions, improper police conduct, limitations in testing strategies, and inconsistencies in officer testimony may also form the basis of a defense. For instance, individuals who are diabetic and those on ketogenic diets produce acetone, and breathalyzer devices often mistakenly identify this substance as ethyl alcohol.

Depending on the circumstances, we may be able to defend against the charges by arguing that your blood alcohol concentration at the time you were operating the vehicle was under the legal limit, but that during the time lapse between the traffic stop and testing, the concentration continued to increase. This is referred to as the rising blood alcohol defense. We may be able to model the upward absorption curve to show that the blood level at the time of driving was within legal limits.

Another potential defense would be to explain that it was necessary to drive while under the influence to prevent immediate, severe physical harm to yourself or someone else. Your decision to drive, while not ideal, may have been made to avoid a greater evil. You may also be able to show that the action was based on coercion and was similarly unavoidable.

Our DUI attorneys can review the facts and identify the best approach. Jesse Berkowitz has extensive experience protecting clients in difficult situations and achieving positive resolutions that allow clients to move forward with minimal negative consequences. His extensive time in Alameda County courtrooms provides insight and knowledge that are hard to match. His understanding of the opportunities available in a situation, combined with his dedication to client welfare and skill in advocacy allow Jesse to succeed in situations where the odds seem insurmountable.

Field Sobriety Testing and Police Procedures

California police use both standardized and non-standardized field sobriety tests to judge whether a driver is impaired by alcohol or drugs. A skilled Alameda County DUI lawyer can often challenge the reliability of these tests and build a defense around the false inferences they create.

Standardized Field Sobriety Tests

Standardized tests are three exercises approved by the National Highway Traffic Safety Administration and supposedly scientifically validated as reliable indicators of impairment. For that reason, the results of these tests are admissible in California courts.

The three standard assessments are:

  • Standing on one leg while counting to 30
  • Walking heel-to-toe for nine steps in a straight line, and then turning and walking back while counting aloud
  • Tracking a moving object with the gaze while the officer checks for involuntary movement in the eyes

Because these three tests are generally accepted, police officers are encouraged to use them first.

Non-Standardized Field Sobriety Tests

By contrast, non-standardized field sobriety tests are tasks an officer has chosen to use to evaluate physical and mental coordination, and they can be challenged because there is not enough credible evidence that they provide a reasonable assessment of impairment.

While there can be tremendous variety in the non-standardized assessments used by officers, some of the most common in California include:

  • Counting backward from a random number
  • Reciting parts of the alphabet
  • Touching the tip of the nose with alternating index fingers (while eyes are closed)
  • Standing with head tilted back and eyes closed for an estimated 30 seconds (Romberg Balance Test)

Use of Preliminary Alcohol Screening Devices

In addition to field sobriety tests, police officers who suspect impairment use handheld breathalyzer equipment to check for the presence of alcohol in the blood. Unlike the calibrated desktop machines used to formally test blood alcohol concentration at the police station, roadside test equipment is not as precise. The devices can easily give false-positive readings, so they are usually not admissible in court. 

Refusing to take a roadside test generally does not carry legal consequences. However, tests administered at the station can be admitted as evidence, and refusing to take a breathalyzer test adds to legal penalties.

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.

Impact on Career

Professional drivers risk losing their commercial licenses, making it impossible to continue in that career. Other professionals risk losing their licenses or status because of a DUI conviction, including:

  • Nurses
  • Teachers
  • Pilots
  • Dentists
  • Real estate agents
  • Pharmacists
  • Firefighters and EMTs
  • Police officers

Impact on Travel

While California law enforcement agencies cannot revoke driving privileges in other states, California participates in the Interstate Driver License Compact and transmits DUI conviction data to other states. Those states usually treat a California conviction as if it happened locally and impose appropriate administrative penalties.

A DUI conviction can also prevent you from traveling into Canada or Mexico.

Impact on Relationships

Even personal relationships can become strained, as the stigma of a DUI conviction 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.

DUI Education Programs and Other Local Resources

The requirements for completing DUI education will vary depending on the circumstances of a DUI conviction. For a first offense with no aggravating circumstances, a driver is usually required to complete three months of DUI educational programming. If the driver was found to have a blood alcohol level of .20 or higher, then nine months of school is usually required. Programs for drivers with multiple DUI offenses on their records are often 18 months or more in length.

Schools licensed to provide approved DUI education in our area include:

Courts:

Law Enforcement:

Your attorney can help you locate the resources you need throughout the process.

The Importance of the Right 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 a DUI lawyer.

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Criminal Defense

“When your freedom, reputation, and future are on the line, you deserve more than just a lawyer — you deserve a relentless advocate who will fight for you at every turn.”

Jesse Berkowitz, criminal defense attorney Jesse Berkowitz