Call Us Today - It's Free! Text Us
Text Us

If you have been accused of a first time DUI in California, it may be a stressful time, especially considering the factors coming into play. Some issues could arise with your license following an Oakland first offense DUI, and a capable first offense DUI attorney could help combat those for you. Contact an Oakland criminal defense attorney today for a free consultation.

The Process of License Suspension

When someone is first arrested for a DUI, their license may be confiscated and they could be issued a temporary license that is good for 30 days. The individual could request an administrative hearing with the Department of Motor Vehicles (DMV) which is separate from the criminal prosecution. If one does that, their temporary license may continue to be in effect until the administrative hearing takes place.

If the case is resolved for a negotiated disposition, the person’s driver’s license may be suspended by the DMV. The suspension is for six months for a first-time offense and the person may apply for a restricted license. That extends the period of suspension but may allow the person to only drive to important places, such as a court-mandated DUI class or program. An administrative suspension for a DUI could be anywhere from four months to one year.

Difference Between Criminal Court and a DMV Hearing

One unique factor that makes a DUI different from other offenses is the person may be fighting in two forums. There could be a criminal case filed against them and prosecuted in the court system. There may also be a DMV administrative hearing.

Prevailing in one forum does not necessarily mean the person prevails in both. It may be a possibility that one could prevail in the criminal hearing, by being found not guilty. However, a person still may be subject to a suspended license if the administrative hearing upholds that suspension. One may prevail in the administrative hearing but could settle the case in the criminal court system or be found guilty after a trial.

Challenging a Suspension

When someone’s license is confiscated pursuant to a DUI, it could be suspended at the DMV administrative hearing if the arrest could be determined as valid. To determine the validity, the officer must have had a reasonable cause for the stop, and the blood alcohol concentration was found to be .08% or higher.

A way to challenge the suspension could be to argue that it be set aside at an Administrative Per Se hearing with the DMV. This hearing could allow the defendant to contest a suspension, and potentially get their rights back.

Options Instead of a License Suspension

One way to potentially preserve a license following an Oakland first offense DUI may be by giving a driver safety office notice within ten days of the arrest that the suspension is being contested. In this incident, a wet reckless, a reduced DUI charge similar to reckless driving, may be given.

This could be important because it may not result in an automatic court or administrative suspension. A Helmandollar deal could also be given which is when there is a plea that could be taken when a person pleads no contest. If secured, the defendant could avoid 30 days of a hard suspension and immediately eligible for a restricted license.

Applying for a Restricted License

Someone could only apply for a restricted license if they are convicted, not just charged. Once an individual is convicted and placed on probation, they could apply, enroll, and begin the DUI driving classes. For a first-time DUI, the class is usually a 3-month program, and the person could apply for the restricted license once they register, pay for, and begin DUI classes. In addition to proof of enrollment, the driver may also need to provide proof of the following:

  • SR-22 insurance
  • Proof of installation of an ignition interlock device, specifically in Alameda County
  • Serve a 30-day hard suspension
  • Pay license reinstatement fee

Once receiving a restricted license the driver may be allowed to drive to specific locations, such as work and DUI school.

If Acquitted, How Could Someone Get Their License Back?

When someone is acquitted of a DUI, they could get their license following an Oakland first offense DUI back through the DMV. The DMV gets a notice from the criminal court system called an abstract of judgment that the person’s case was dismissed or acquitted. Dismissal of the criminal case or an acquittal after a trial in a criminal case might not result in one’s license being returned if the DMV previously suspended it at the administrative hearing.

Contacting an Oakland First Offense DUI Attorney

If you have been accused of driving while under the influence, an issue with your license following an Oakland first offense DUI, could be confusing. Contact a driven Oakland criminal defense lawyer as soon as possible to get started on your case.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

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 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.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

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.

Contact Us

Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.

Schedule a Meeting

Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.

Take Back Your Life

We work to resolve your legal problems so you can focus on what is most important



Why You Can Trust Us with Your Future

Our Criminal Defense Practice Areas

Our videos

Going to Court?

See All Courts