Oakland DUI Penalties
The Oakland DUI penalties vary based on whether it is your first, second, or third offense. It also varies based on whether you were charged with a misdemeanor or a felony. A felony would carry a heavier sentence. If you are convicted of a felony, you could face a hefty fine or up to six years in prison. But if you were convicted of a misdemeanor, you could face less severe consequences.
Refusal on a first arrest misdemeanor DUI conviction
If you have been arrested in Oakland for misdemeanor DUI, you have a good chance of being offered a plea bargain. Depending on the facts of your case, a plea bargain may involve a reduction to reckless driving, a reduced fine, or a shorter alcohol class. A DWI Lawyer can help you negotiate your best deal.
The law in California is pretty clear on drunk driving. In fact, it is illegal to drive with a blood alcohol level of 0.08% or higher.
However, there are exceptions to this rule. For instance, under a certain BAC level, commercial drivers can have their charges dropped. And, minors can have their charges dropped if their blood test is below 0.07%. But, the DA’s office must follow a complicated procedure in order to make this happen.
First offense misdemeanor DUI penalties
First offense misdemeanor DUI penalties in Oakland, California, can vary depending on the facts of the case. Depending on the severity of the charge, you can receive jail time, fines, or other punishment. It is important to consult an Oakland DWI attorney if you or a loved one has been charged with a drunk driving offense. Getting the right lawyer on your side can make all the difference Gwinnett County DUI Lawyer for Your Defense.
A good Oakland DUI lawyer can often help you avoid jail and save you thousands of dollars in fines. Usually, the first charge is reduced to an alcohol-related reckless driving charge, which is much less serious.
If you are charged with a second DUI, you will face significantly increased penalties. The penalties for a second offense will be a little more severe, and include a longer period of supervised probation and a longer license suspension. In addition, you may lose your voting rights.
Second offense misdemeanor DUI penalties
When arrested for a second DUI offense in Oakland, the penalties can be much more severe than those for a first offense. If convicted of a second DUI offense in Oakland, you could face a minimum fine of $250 and up to $500. You can also be required to attend a mandatory alcohol class. In addition, you may be required to install an ignition interlock device on your car.
Your license will be suspended for up to four months and you will need to purchase DUI insurance. You can also be convicted of driving on a restricted license.
The court may require restitution. It is possible to avoid jail time with an Oakland DWI Lawyer. An experienced attorney can work with the state prosecutor to reduce the charges to a lesser charge or eliminate enhancements.
Third offense misdemeanor DUI penalties
If you are charged with a third offense misdemeanor DUI in Oakland, you will face serious penalties. In addition to the standard fines and suspension of your license, the court may also designate you as a “habitual traffic offender” or require you to participate in an alcohol and drug education program.
Depending on the circumstances of the crime, a person can receive a jail sentence ranging from 10 days to one year. These penalties vary from county to county and are dependent on the blood alcohol content and other factors.
OWVI, or Operating While Visibly Impaired, is a charge that carries a fine between $200 and $1000. The minimum jail time is 30 days, although a judge may order 360 hours of community service.
Fourth offense misdemeanor DUI penalties
If you have been arrested for fourth offense misdemeanor DUI in Oakland, California, there are certain consequences that will follow. You will face a number of charges, including a conviction for a felony, which means you will be punished with a minimum one year in jail and a state prison sentence.
In addition, you will face a mandatory ignition interlock device, which will be required to be installed for two to three years. This can affect your driving privilege, your car insurance rates, and your license. It may also be necessary to attend an alcohol class, which could take a few months or longer.
You should contact a DUI attorney in Oakland, CA as soon as possible after you’ve been arrested. A good attorney can help you avoid jail time and minimize the impact of your charge. They can also negotiate with the state prosecutor, reducing your charge to a lesser offense or even finding a plea deal.
