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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Local Law Enforcement of Oakland DUIs

DUI cases in Oakland are handled in much the same way as other jurisdictions. The prosecution focuses on the facts of the case, the blood alcohol level, and whether there was an accident, injury or any other aggravating factors. Contact a skilled DUI attorney if you have been charged with this offense, or for more insight on local law enforcement of Oakland DUIs. A lawyer can help with building a defense as well as providing more information on this charged.

Intimidating Factors about Facing a DUI Charge

Several factors make DUI charges intimidating. The impact on someone’s license includes the potential loss of their driving privileges for as little as 30 days or as long as a year or more depending on their charges. DUI charges come with significant fines and fees. A DUI charge could result in the loss of employment depending on the kind of work the person does. It may affect how someone goes about living their life while they are on probation.

The individual may be required to wear a monitor on their ankle that tracks their consumption of alcohol and possibly their location by GPS locator. They might be required to install a device on any vehicle they drive that prohibits them from driving the vehicle until they blow into the device to prove there is no measurable amount of alcohol in their blood. A DUI charge has significant financial impacts, potential employment impacts, and it also comes with the possibility of doing jail time or a work program.

Commonly Seen DUI Stops and Checkpoints in Oakland

Arrests for DUIs happen everywhere in Oakland. They tend to happen more at night, but they are not exclusively at night. A DUI stop can occur in the middle of the day and they frequently do. In terms of stops and checkpoints, there is no specific location but there are requirements that those checkpoints be noted in advance.

If someone gets stopped at a DUI checkpoint, a defense attorney may look into whether law enforcement strictly complied with the regulations required for administering a DUI checkpoint. If not, there may be grounds to contest the legitimacy of the checkpoint stop.

Why Have Oakland Law Enforcement Officials Chosen to Focus on DUI Offenses?

In the State of California, the population as a whole realizes the severity and significant impact of drunk driving offenses. Local law enforcement of Oakland DUIs is not lenient when they file these cases. The authorities vigorously prosecute DUI offenses once they are in court. The emphasis that prosecution and police officers is a reflection of society’s recognition of the serious problem DUI offenses pose to everyone in the community.

What Makes Oakland DUI Cases Unique?

Since Oakland is in Alameda County, one of the unique requirements is that an Ignition Interlock Device is required pursuant to a DUI conviction. These machines are not mandatory in other counties except for Sacramento, Tulare, and Los Angeles in addition to Alameda. This pilot program began in 2010 and was set to end in 2015 but was extended through 2018.

A local DUI attorney may be more familiar with the prosecution, courts, and nuances of the local system that can result in a better outcome for the defendant. A skilled defense attorney has the legal experience and familiarity with the courts because of their regular interactions with the prosecution and judges that helps them resolve the case on behalf of their and allow them to clearly advise clients on what to expect upon being charged with a crime in Oakland or Alameda County.

Oakland Law Enforcement Nuances

Across the board, the policies, practices, and procedures of the police departments and local law enforcement of Oakland DUIs that are involved with drunk driving arrests are the same. Field sobriety tests are administered on the scene to someone when they are stopped and there is a suspicion the person is driving under the influence.

The authorities use a combination of scientific techniques such as breathalyzers, physical tests of agility, observations of the driver by the officer, driver’s statements, and witness statements when an accident occurred to make a determination whether a driver should be arrested or not. The driver is taken down to the station for booking, blood or breath testing, and processing.

Most infield interactions are recorded by dash cam or body-worn cameras these days which allows defense counsel to see an accurate depiction of what occurred so long as the camera was rolling and the audio was turned on. For more information, contact a knowledgeable attorney today.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer