Alameda DUI Lawyer
A drunk driving charge may lead to several unwanted consequences beyond just legal concerns. In many cases, being convicted of driving under the influence (DUI) may cost you your license and significantly inhibit your ability to travel from place to place. This, in turn, could impact how you approach important responsibilities such as getting to work and executing everyday errands.
If you find yourself in this situation, speaking with an experienced Alameda DUI lawyer might be advisable. In addition to social consequences, the criminal penalties for a DUI can be severe, especially after repeated occurrences making it beneficial to consult with an experienced attorney as soon as possible.
What Constitutes A DUI in Alameda?
In accordance with California State Statutes, an individual aged 21 and older is considered to be driving under the influence of alcohol if their blood alcohol content (BAC) is measured at .08 percent or higher. Persons under 21 years of age may be charged with a DUI offense if their BAC clocks in at .01 percent or greater.
In addition, state DUI laws also apply to those using specific medications. Regardless of whether the medication is over-the-counter or prescription, if the substance is known to cause drowsiness or impair the user’s reflexes, a driver may be subjected to a DUI charge if sufficient quantities of the drug are found in their bloodstream.
Potential Penalties for Impaired Drivers in Alameda
The consequences someone convicted of DUI might face could vary depending on several factors, including the age of the accused party, any prior history of DUI offenses, and the severity of the offense in question.
A first DUI charge may carry with it a jail sentence of up to six months, as well as monetary fines, a lengthy driver’s license suspension, and a probation period. Subsequent offenses typically yield harsher penalties.
What Actions Could the DMV Bring Against Someone Convicted of a DUI?
Aside from facing potential criminal charges, persons facing possible DUI offenses might additionally be subjected to action from the state Department of Motor Vehicles (DMV). Anyone charged with DUI in Alameda is afforded a ten-day period to request a hearing with the Driver Safety Office. Should a hearing not be requested within ten days, the accused person’s license is automatically suspended.
Challenging A DUI Charge
Some people do not challenge a DUI charge because they feel there is no chance of winning it. This belief, however, is not always accurate. There are specific situations in which an Alameda DUI attorney might be able to challenge the validity of an arrest. This may be plausible if:
- The authorities did not have probable cause to stop the alleged drunk driver
- The enforcing authorities failed to explain that the driver had the right not to submit to a field sobriety test
- The apparatus used to measure the driver’s BAC was not operating or functioning properly at the time they were tested
- Any of the evidence the authorities gathered, such as a blood sample taken from an accused person, was not suitably stored and/or preserved
A dedicated defense attorney could investigate the circumstances surrounding a defendant’s DUI arrest to determine its validity.
Talk to an Alameda DUI Attorney Today
If retained, a DUI attorney in Alameda could review all the pertinent facts surrounding the incident in question. After studying the available information, they may be able to challenge the validity of your charges, formulate a strategy for a potential criminal trial, and negotiate for your right to retain specific driving privileges or terms as well as lesser penalties.
DUI charges may result in significant legal, professional, and financial ramifications. An Alameda DUI lawyer could examine the facts of your case and may be able to determine if the charges could be challenged or the potential penalties might be lessened. Contact a local attorney today to begin discussing your case.