According to statistics from the Annual Report of the California DUI Management Information System, there were about 4,820 DUI arrests in Alameda County, California in 2017. Driving while under the influence is a serious offense that is usually punished severely in the state of California. A person convicted of a DUI may face severe penalties, including lengthy prison sentences, massive fines, probation, license suspension, and other life-changing ramifications.
If you are facing a DUI charge or if you've been arrested and charged with drunk driving, retaining a skilled and aggressive California criminal defense attorney is important to outline your defense strategy. I am committed to providing experienced legal guidance and comprehensive representation to clients facing drunk driving charges. As your attorney, I can review and investigate the circumstances surrounding your situation, strategize an effective defense, and fight the allegations against you with substantial evidence to maximize your chances of a favorable outcome.
My firm, Darryl A. Stallworth Law Office, proudly represents clients across Oakland, California, and the surrounding areas of San Francisco, Alameda County, Northern California, and the Bay Area.
DUI Charges In California
Under California law, motorists are prohibited from driving while under the influence of alcohol or drugs. Intoxication is considered having a blood alcohol concentration (BAC) of 0.08% or more. Under Vehicle Code Section 23152:
It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
It is unlawful for a person who has 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle.
A person found to be driving or operating a motor vehicle with alcohol, drugs, or other substances in their system may be charged with driving under the influence (DUI) offense. California also has a "zero tolerance" policy regarding underage intoxicated driving. This makes it unlawful for a person under 21 years of age to operate a motor vehicle with a BAC of 0.01% or more.
Protect Your Driving Privileges
DUI Tests And Your Rights
Under California’s "implied consent" law, all drivers lawfully arrested for driving under the influence are required to submit to chemical testing (a blood, breath, or urine test) to determine their blood alcohol level. If you refuse to submit to a chemical test, the California DMV will automatically restrict your license for a year.
Possible Penalties
The severity of the penalties for a California DUI conviction will depend on your number of prior convictions and other surrounding circumstances. Possible penalties include:
First Offense
- Charge: Misdemeanor
- Fines: Between $390 and $1,000 plus other fees and "penalty assessments"
- Jail Time: Between two days and six months in jail
- Probation: Three to five years
- License Suspension: Loss of driver's license for six months
- Interlock ignition device (IID): Up to six months or a one-year restricted license
Second Offense
- Charge: Misdemeanor
- Fines: Between $390 and $1,000 plus other fees and "penalty assessments"
- Jail Time: From 96 hours to one year in jail
- Probation: Three to five years of probation and an 18-month DUI education program
- License Suspension: Loss of driver's license for two years
- Interlock ignition device (IID): Up to one year restricted license
Third Offense
- Charge: Misdemeanor
- Fines: Up to $3,000 plus other fees and "penalty assessments"
- Jail Time: From 120 days to one year in jail
- Probation: Three to five years of probation and a 30-month DUI education program
- License Suspension: Loss of driver's license for three years
- Interlock ignition device (IID): Up to two years restricted license
Felony DUI Charges
In California, most DUI offenses are misdemeanors. However, if aggravating factors are involved, the offense may be upgraded to a felony charge. A defendant may be charged with a felony DUI for:
- Causing serious bodily injuries to another person while driving under the influence
- Causing another person's death while driving under the influence
- Having three or more prior DUI convictions within the past ten years
- Having a prior felony DUI conviction
Why You Need An Experienced Attorney
When facing DUI charges, trying to defend yourself without proper guidance or legal representation can expose you to the likelihood of being convicted and suffering severe penalties. If convicted, you could be facing substantial fines, lengthy prison time, license suspension, and other life-altering ramifications. It is paramount that you hire a knowledgeable California criminal defense attorney as soon as possible to help defend your rights and determine the best defense.
I have devoted my career to offering experienced legal services and defending clients in their drunk driving cases. As your legal counsel, I will review the facts of your situation, conduct a comprehensive investigation, and craft a defense strategy in pursuit of the best possible outcome for your case.
With over 15 years of experience working at the District Attorney’s Office, I can help you navigate the California criminal justice system. Using my extensive legal knowledge and understanding, I will fight to protect your rights and help keep your record clean. Having me on your side can improve your chances of obtaining a successful outcome.
DUI Attorney Serving Oakland, California
Facing a drunk driving charge can be scary. However, you don't have to face it alone. Contact me at Darryl A. Stallworth Law Office today for a consultation. I can offer you the comprehensive legal counsel, strong advocacy, and representation you need. My firm proudly serves clients throughout Oakland, Alameda, Emeryville, Berkeley, Piedmont, San Francisco, Alameda County, Northern California, and the Bay Area, California.
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(510) 907-6644
