Jo-Anna Nieves
Founding Attorney
Aggravating Factors in Oakland DUI Cases
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If you drive with a BAC of 0.08% or higher, you are considered legally intoxicated under California state law and can be arrested for DUI. Given the number of people who are injured or killed in drunk driving accidents every year, tough laws have been enacted to deter impaired driving, but many people still assume that DUI is more of a ‘nuisance’ charge than anything else. Nothing could be further from the truth.
The reality is that there is nothing ‘minor’ about a DUI charge. It can cause you to lose your license, pay a punitive fine, and even go to jail. Afterward, you are stuck with higher insurance rates and can face limited job, housing, and travel prospects due to a criminal record.
Severe as these penalties seem, there are ways that your DUI charge can get even worse. In California, certain aggravating factors can result in even harsher punishments, such as higher fines and longer periods of incarceration. Six of those factors are explained below and should be addressed with the assistance of an Oakland DUI lawyer.
If you have three DUI convictions, any subsequent DUI arrest within 10 years of the first one will be charged as a felony. Convictions for ‘wet reckless’, or reckless driving due to alcohol consumption, and convictions from out of state will apply to the tally.
If you have a previous felony conviction for DUI, any subsequent arrest for drunk driving within 10 years will be prosecuted as a felony, even if you have a low BAC and were not involved in an accident.
In California, there is an administrative license suspension for refusing to submit to chemical testing, along with an increased jail term if you are convicted.
If you drive with a BAC over the legal limit and get involved in an accident that results in bodily injury, your DUI can be charged as a felony. It doesn’t matter whether the person hurt is you or a passenger: the outcome and consequences are the same.
Driving under the influence with a child under the age of 14 in the vehicle can be charged as a child endangerment enhancement and lead to additional jail time and even a requirement to complete parenting classes.
California law regards driving on a suspended license and driving under the influence as two separate and distinct crimes, but they are often committed together. When that happens, you could face the harshest applicable penalties for both offenses.
If you have been arrested for a DUI in California, it is important to secure experienced legal representation immediately. At the Nieves Law Firm, APC, we will closely examine all of the circumstances pertaining to your case and ensure that all exculpatory or mitigating evidence is presented in your favor. We offer a free initial consultation, so don’t hesitate: call us today or contact us here.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
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
