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California DUI Process

Oakland DUI Process Attorney

What to Expect if You Are Arrested for DUI in Oakland, CA

Alameda County has many bars and clubs, as well as several casinos. Many locals and visitors come in for a day of fun on the town or an evening of gaming. If the cops pulled you over while driving home or to a hotel after a day or night of entertainment, the situation quickly became serious. You answered many queries and underwent numerous examinations, while awaiting anxiously to find out what would happen next. Then you were put in handcuffs and arrested. This was most likely a terrible experience.

Steps Followed During a DUI Arrest

If the police pulled you over while you were driving home from a restaurant, bar, club, or casino, they already had a strong suspicion that you had been drinking. The first thing you were likely asked was "What have you had to drink tonight?" From there it got worse, no matter how you answered their questions.

After telling you to step out of the car, the officer started bombarding you with questions about your current destination, your previous location, what you consumed, and when you most recently slept. You were also asked to do some field sobriety tests, even if it was late at night and cold outside. This is a daunting experience that probably left you feeling scared and hopeless.

The officer then requested that you submit to breath or blood testing as a requirement of the Implied Consent law, implying that you had no choice but to comply. There was no opportunity to consult with a lawyer, and you had little time to consider it. If you live in California, your driver's license was taken away, or an Order of Suspension was issued.

What Happens After a DUI Arrest

You were probably arrested and booked in a county jail, where you might have endured the humiliation of being held in a drunk tank before you were able to post a bond or be released on your own recognizance. You are now involved in two distinct and simultaneous legal matters:

  • A criminal proceeding before the Alameda County Superior Court. Usually, a person arrested for drunk driving is charged with two offenses: driving while intoxicated (with a blood alcohol level above the legal limit of .08 percent) and DUI (driving under the influence).
  • An administrative suspension of your driver's license through the California DMV. The length of your driver's license suspension will be determined based on the circumstances of your case.

In these situations, you will want to get immediate legal help from a Board-Certified DUI defense attorney.

DUI Court Proceedings in Alameda County

The first court appearance after your DUI arrest is typically your arraignment, which usually occurs within a few weeks after the arrest. The arraignment will be held at an Alameda County Superior Court facility. During this proceeding, you (or your attorney) will learn the charges brought against you, and you will be asked to plead not guilty, guilty, or no contest. In most cases, the initial plea is "not guilty."

If you plan to plead not guilty, which is recommended, it is important to consult an attorney beforehand. An experienced lawyer will investigate your charges and assemble the best defense possible. Most of the time, your attorney can attend your arraignment on your behalf so that you do not have to miss work or school.

The Administrative Proceeding Before the DMV

The California Department of Motor Vehicles immediately revoked your driver's license after your DUI arrest. The officer confiscated your driver's license and gave you a notification stating that your suspension will begin 30 days later. Unless you request a hearing to challenge the DMV suspension, your license will be suspended automatically, regardless of what transpires in court.

The DMV administrative hearing will no longer be available as an option if 10 days pass after your arrest. If you do not act within the 10-day window, there will be no further opportunity to prevent the suspension from taking effect. Your lawyer can assist you in doing this, so it is important to get legal help to contest a suspension immediately after being arrested.

Contact an Experienced Oakland DUI Process Lawyer

Attorney Paul Burglin has over three decades of experience defending clients against DUI charges in Oakland and the surrounding areas. He is the co-author of California Drunk Driving Law, which is commonly referred to as the "Bible of DUI Defense." Out of all attorneys in California, he is one of only five who are Board-Certified by the National College of DUI Defense.

For a confidential and discreet consultation with attorney Paul Burglin, do not hesitate to reach out to us today. You can call us at 510-250-5629 or contact us online. We serve clients in Oakland, Alameda County, and the surrounding San Francisco Bay Area communities.

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