Oakland

First Offense DUI Lawyer

Being accused of driving under the influence in California can be an overwhelming experience, especially if it is your first time dealing with the charge. An Oakland first offense DUI lawyer could help to explain the implications of such charges, and could begin working on your case. Reach out to a qualified DUI attorney today for a free consultation.

Where are First Time DUI Offenses Heard in Oakland?

First-time DUI charges in Oakland may be heard in downtown Oakland on Washington Street where misdemeanor charges could be filed. Most DUIs could be considered misdemeanors and are heard in the Oakland courthouse, also known as the Wiley W. Manuel Courthouse.

Depending on the location of the arrest the case may be assigned to the East County Hall of Justice in Dublin, which may be done if the arrest was made by the Dublin or Livermore police department.

What are Mistakes to Avoid in a DUI First Offense Case?

Attempting to handle a first time DUI case alone, could be a mistake a defendant may want to avoid. DUI cases may be complex, regardless of whether the offense is a misdemeanor or felony. Since there may be a fair amount of scientific and non-scientific evidence, an Oakland first offense DUI lawyer could be useful in handling the next steps.

The district attorney may be given a significant advantage over somebody who may not have an attorney. By not hiring an experienced attorney, an individual may be putting themselves at a great disadvantage. Even if the defendant wants to resolve quickly it may be advisable to have an Oakland first offense DUI attorney on your side who could do the following:

• Negotiate reduced penalties
• Explain terms and conditions of a plea deal
• Explain the consequences of a possible conviction
• Work on cleaning up any damage made to an individual’s criminal record

Leniency of Judges and Juries in California

The jury could be considered the fact finder and determines whether the person is found guilty or not guilty. When the jury decides a person is not guilty, the case may be over. If the jury votes to convict and find the person guilty, the sentencing is handled by the judge, and the jury has no say in the sentence. An Oakland first offense DUI lawyer could present the defendant’s case and convey to the jury the relevance of this charge being the first offense.

Building a Defense for a First Offense DUI Case

The defense for a DUI charge may begin with the Oakland DUI lawyer looking at the arrest to see whether there are legal or factual problems. When there are issues like an improper stop, it may be appropriate to file a motion to suppress. If the motion to suppress is granted, the case could be dismissed because the prosecution may not go further, and arguments may be made regarding how the evidence was collected.

In a DUI case, there could be concerns about how the officers conducted the investigation on the street, including the field sobriety tests, and at the police station involving the breath or blood samples that may have been taken. There might be issues as to whether there is sufficient proof that the person who was charged was the one driving the vehicle, which could lead to a defense claim that the person charged was not driving at the time of the alleged incident.

Contacting an Oakland First Offense DUI Attorney

Being accused of driving while intoxicated could be a hefty process, and gaining the advice of a legal professional may be beneficial in defending your reputation. An Oakland first offense DUI lawyer could begin working on your case. Speak with a capable attorney that could advocate for you.