The impact of a DUI conviction can be devastating, impacting your life long after your case comes to a close. That’s why it is so important to work with an experienced Oakland DUI lawyer dedicated to getting you a favorable outcome in your case is so important.
A DUI charge can be devastating for a number of different reasons, and some of these reasons are not even related to the penalties you will face from the court. An experienced Oakland DUI lawyer can work to minimize the impact of your DUI.
Some of the most common consequences of a DUI conviction include:
Criminal penalties for a first offense DUI include up to six months in jail, up to 3-5 years of probation, and fines of up to $1,000. For a second offense DUI within a ten-year period, there is a maximum term of imprisonment of one year, although in some cases, any imposed sentence may be served under house arrest or through a work alternative program.
If a driver is convicted of a third offense DUI within a ten-year period, the penalties increase substantially, including a minimum mandatory sentence of 120 days. Fourth-offense DUIs can be a felony offense that results in incarceration in state prison, making it important to consult with an Oakland DUI attorney if you’re facing DUI charges.
Most crimes, DUIs included, have certain details referred to as “aggravating factors” that can lead to harsher penalties. If you are found to have been in violation of aggravating factors, the penalties you are facing will increase dramatically.
Some of the most common aggravating factors in DUI cases that can lead to more severe penalties include:
At The Nieves Law Firm, we are committed to helping our clients find a legal solution that allows them to lead fulfilling lives. In fact, one of the first things we do when you schedule a free consultation is discuss your goals when hiring our law office. Why? This allows us to build a DUI defense strategy that takes your future plans into account.
While the amount we charge depends on the circumstances of your DUI case, we want to be honest and upfront with you. You will be able to find cheaper legal representation in Alameda County. In fact, you may be able to find cheaper DUI representation in Oakland. However, you must be cautious about the attorneys you speak with and how the price they charge often reflects the legal services they provide. Often, cheaper legal fees mean less attention to your case. Some attorneys who practice primarily DUI cases only have one goal in mind, pleading down your case, regardless of how that could impact your plans for the future.
Our criminal defense law firm is committed to providing legal representation that is tailored to you and your life. When we take on a DUI case, our primary focus isn’t on just getting your case pled down and moving on to the next one. No, we truly care about our clients and their futures. Our Oakland DUI lawyers will work to find you a legal solution that is customized to your case, your life, and your future goals. If you need a legal team that is focused on you, contact The Nieves Law Firm to schedule a free consultation.
At The Nieves Law Firm, we believe in compassion, forgiveness, and rehabilitation. That people are beautiful and change just like seasons. We believe in thoughtful communication and plans for a brighter future. We believe in restoring reputations and dreams. That we aren’t defined by our worst mistakes, and obstacles are meant to get over. We believe in taking the “criminal” out of criminal defense.
Under California law, a DUI conviction is treated as a prior offense for ten years, and penalties for a first-offense DUI are more severe than in many other jurisdictions and increase significantly for subsequent offenses. In addition to large fines, potential jail time, and license suspension, those convicted of driving under the influence of alcohol or drugs in Oakland may be put on probation and required to complete extensive classes and install an ignition interlock device in their vehicle.
Moreover, a DUI conviction creates a criminal record with a whole host of unwanted consequences. However, there are defensive strategies that could result in a less severe outcome in your case. An experienced Oakland DUI lawyer could help you protect your rights and reach the best possible resolution based on your unique circumstances. To learn more or begin building your defense, consult with a criminal defense attorney with our firm today.
Many of the basic prohibitions against impaired driving in California are set forth in California Vehicle Code §23152. The first provision in this section simply states that “[i]t is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” The second provision specifically prohibits driving with a blood alcohol concentration (BAC) of .08% or more.
Therefore, someone may be found to be driving illegally in one of two ways—either based on a chemical test measuring blood alcohol or based on conduct showing that they are substantially affected by alcohol, drugs, or a combination of both. One key element of both provisions is that the individual charged must have “driven” a vehicle while impaired in order for a violation to occur. So, in certain cases, this caveat could provide grounds for a defense by an Oakland DUI defense lawyer.
In most cases, if you are charged with a DUI, you will face a driver’s license suspension. The length of your suspension, however, depends on a number of different things. For example, if you refused chemical testing of your blood, breath, or urine, you may face a more severe driver’s license suspension than if you didn’t. Also, prior DUI convictions within the past 10 years play a role in the length of your driver’s license suspension.
Typically, first-offense DUIs with no other aggravating factors will result in a 4-month administrative suspension and a 6-month suspension from the court. However, if you refuse to take a chemical test for any reason, you will face a license suspension of up to one year.
A second-offense DUI that occurred within a 10-year timeframe from your prior conviction will result in a two-year license suspension from criminal court and a twelve-month suspension from the DMV if you took the chemical test. If you refuse the chemical test, then you can face a two-year revocation from the DMV. A third-offense DUI could result in a suspension of up to three years if you take the chemical test or a three-year revocation if you refuse. Whether or not you will face a suspension will be determined at an APS Hearing.
APS stands for “Administrative Per Se,” and an APS hearing is the result of a DUI charge handled by the Department of Motor Vehicles (DMV). Unlike a criminal hearing or trial, which takes place in court and may result in potential jail time or fines, the consequences of an APS hearing are strictly related to driving and are conducted by the California DMV. Specifically, these hearings take place to determine whether or not you should be allowed to continue to operate a motor vehicle or have your license suspended.
They may also allow you to operate a motor vehicle under specific conditions, such as with an ignition interlock device. It is important to note that an Oakland DUI lawyer can represent you during this phase of the DUI process, even though it is held by the DMV and not the California courts.
There is a strict timeline for APS hearings that all individuals must abide by, and you must request an APS hearing if you want to contest your license suspension. For an APS hearing, the driver has ten days (from the date of his/her arrest) to request a hearing. Failing to request a hearing within that timeframe will result in an automatic suspension of their license.
At this hearing, drivers have the ability to challenge any evidence against them, present witnesses, and testify. An experienced DUI attorney in Oakland could help you work through your DMV hearing to protect your rights and work to ensure you do not lose your ability to operate a motor vehicle. At The Nieves Law Firm, we have experience with APS hearings and have been able to secure favorable outcomes for clients at this stage of the DUI process.
If you are arrested for a DUI in Oakland, there are numerous defenses that could be raised in opposition to a DUI charge in Oakland. From challenging the testing procedures to the actions taken by law enforcement, an experienced Oakland DUI defense attorney may be able to choose the right defensive strategies to help reach the best possible outcome in your case. Contact us for a free consultation to learn how a local attorney could help!
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!
Two of the most sought-after plea agreements when facing a first-offense DUI charge are a “Wet Reckless” or a Dry Reckless. In essence, a Wet Reckless and a Dry Reckless are nicknames given to violations of the Reckless Driving statute (VC §23103). The appealing parts of these resolutions are that a Dry Reckless does not count as a DUI prior and does not result in a license suspension, while a Wet Reckless typically has reduced consequences, lower fines, no automatic suspension, and shorter DUI classes than a standard DUI resolution.
Unlike a “Dry Reckless,” which implies that no drugs or alcohol were involved, a Wet Reckless implies that you were driving recklessly under the influence of alcohol or drugs. Both resolutions have less severe penalties than a DUI and have more administrative options when it comes to your driver’s license. An experienced DUI lawyer can help you understand the strengths and weaknesses of your DUI case and help you determine if a Wet Reckless or a Dry Reckless may be a possible resolution for you.
Like most things in the justice system, the impact of a DUI conviction on your immigration status depends on other factors. This is why you should hire a dedicated Oakland DUI lawyer if you’re facing DUI charges and are worried about your immigration status.
First and foremost, if you are undocumented and charged with a DUI, an arrest can lead to immigration consequences such as deportation, depending on the results of immigration proceedings. However, if you are a legal immigrant, then oftentimes, a single DUI conviction will not have a significant impact on your ability to remain in the United States because DUI is not listed as a deportable crime in the Immigration and Nationality Act.
If other criminal charges accompany your DUI charge, then your immigration status may be impacted depending on the exact charges you face. Another aspect of DUI charges is the effect they have on your immigration applications, such as DACA. A DUI conviction could work against you if you are undergoing the naturalization process or if you are a minor applying for DACA.
When determining whether your criminal charges will impact your immigration status, you must first understand criminal intent and the role it plays. Basically, crimes involving “moral turpitude,” like those with intent, have a negative impact on your immigration status. If you are unsure of the immigration consequences you are facing, you should contact a defense attorney who has experience handling cases with potential immigration consequences. At The Nieves Law Firm, we take immigration consequences seriously, and we can work with you to minimize the impact of your DUI charge or prior DUI conviction on your immigration status.
Anyone with a Commercial Driver’s License (CDL) understands the impact that a DUI conviction could have on their livelihood. Something as simple as a license suspension could lead to employment problems for individuals who need their CDL to do their job. In California, there are two distinct tiers of CDLs– Class B and Class C. The penalties are the same for both classes of commercial driver’s licenses in California. If you need a CDL for your line of work and you’re charged with a DUI, you should contact a DUI lawyer as soon as possible.
Commercial drivers face stricter regulations when operating a commercial vehicle than others on the roadway, especially as it relates to DUIs. For example, someone driving a commercial vehicle needs to only have a BAC above .04% to be charged with a DUI, which is half the BAC that a regular driver must have to be charged with a DUI (.08%).
Additionally, the penalties individuals with a CDL face are more severe than other drivers. A DUI charge can result in a CDL suspension for one year, which is substantially more than the four months typically imposed on drivers. Unlike regular drivers, commercial drivers cannot apply for a restricted license like an ignition interlock permit to continue working. Lastly, a second DUI conviction could result in the loss of your CDL for life.