DUI Penalties in Oakland
Explained by an Oakland DUI Attorney
DUI is the most common offense that normal, everyday people get arrested for, many of whom don't have any prior criminal history. If you were recently arrested for DUI, it's critical that you engage an aggressive DUI lawyer such as Ernesto Castillo who represents both misdemeanor and felony DUI cases.
Attorney Castillo's tenacious and dedicated representation has earned him inclusion in the Super Lawyers® Rising Stars℠ list for 2013. He was honored with the Client Distinction Award for 2013 by Martindale-Hubbell® and the Elizabeth Rose Bird Award for Professionalism and Integrity in 2002. His high-profile cases have been featured in major media outlets including CNN, FOX, NBC, and the San Francisco Chronicle. When you choose to work with Attorney Castillo, your DUI case is in highly capable hands.
California DUI Penalties
Under VC § 23152-23229.1, it is against the law for a person with a blood alcohol concentration (BAC) of .08% or more to drive a motor vehicle. For commercial drivers, it is illegal to drive with a BAC of .04%, and for drivers under the age of 21, that threshold goes down to just .01% due to California's zero tolerance law.
In addition to alcoholic beverages, it is unlawful for someone under the influence of any drug to drive a motor vehicle, or under the combined influence of alcohol and drugs:
- The penalties for a California DUI (over 21) are as follows:
- First DUI offense – 4 month driver's license suspension, up to 6 months in jail, and up to $1,000 in fines.
- Second DUI offense within 10 years – 1 year driver's license suspension, 90 days to 1 year in jail, and up to $1,000 in fines.
- Third DUI offense within 10 years – 1 year driver's license suspension, 120 days to 1 year in jail, and up to $1,000 in fines.
If the driver was under 21 and their chemical test revealed a BAC of .01% or greater, their driver's license will be suspended for 1 year.
You can fight your DUI charges!
If you have been arrested for DUI, the important thing to remember is that DUI cases are not hopeless and they can be fought and won. However, you will need to engage an aggressive Oakland DUI attorney such as Ernesto Castillo who knows how to challenge things such as the legality of the traffic stop, field sobriety tests, the breath testing equipment, and how chemical evidence was collected, stored and analyzed, and any possible police misconduct.
Contact our Oakland law firm to fight your DUI charges by calling (510) 894-6626 today!