Best DUI Lawyers in Alameda

FAQs

• What is the non-emergency contact number for the local police station in Alameda, California?

  The non-emergency phone number of the Alameda Police Department is 510-337-8340.

• Where can I get a copy of police reports for incidents related to my case in Alameda, California?

  To request a copy of an Alameda Police report, complete and submit the online form at https://www.alamedacountysheriff.org/services/request-a-police-report.

• Are you prohibited from driving until your DUI trial in Alameda is over?

  Not necessarily. While your license will be automatically suspended once you’ve been arrested for DUI in Alameda, you may still get your driving privileges back if you act fast and enlist the help of an experienced DUI lawyer. According to California’s DUI law, you have 10 days to apply for a DMV hearing to obtain a temporary driving permit that will remain valid for 30 days. Keep in mind that this hearing is different from the DUI case hearing that you must also attend.

• What will happen if you miss your arraignment date after getting booked for DUI in Alameda?

  If you miss your arraignment date in Alameda, the courts may issue a “failure to appear” (FTA) order. This can result in additional criminal charges, and if you get convicted, you could face up to six months of jail time on top of paying hefty fines no more than $1,000. A judge may also issue a bench warrant, which will give law enforcement officers the right to arrest you.

• What are the penalties you may face as a first-time DUI offender in Alameda?

  If you are found guilty of driving under the influence of intoxicating substances in Alameda, you may face penalties like hefty fines and potential jail time. Typically, first-time offenders face jail time of at least 96 hours and a fine that starts at $390. Moreover, your license may be suspended for up to six months and you can be placed on probation anywhere from one to five years.

• What is the DUI limit in Alameda?

  Under California law, there are different blood alcohol content (BAC) level limits for different types of drivers. Generally, a driver’s blood alcohol content (BAC) cannot go over .08%. The legal limit for drivers under the age of 21 or drivers already on probation for a previous DUI is at .01%. Meanwhile, drivers of trucks, commercial vehicles, rideshare vehicles, and taxis have a legal limit of .04% while on duty.

• Can you remove a DUI from your criminal record in Alameda?

  It may be possible for you to have your DUI conviction removed or “expunged” from your criminal record in Alameda, provided that you have completed your term of probation; paid all fines, restitution, and reimbursement ordered by the court; and fulfilled all the other conditions ordered by the court. As not all DUIs can be expunged, it would be best for you to consult a DUI attorney to check whether or not you’re eligible to file a petition.

• What does a DUI charge involve?

  DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

• What's the difference between DUI, DWI, and OVI?

  The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

• How long does a DUI stay on your record?

  In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

• How much does a DUI lawyer cost?

  The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

• How do I choose a DUI attorney?

  Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:

  • Look for attorneys experienced in DUI case law
  • Ask for referrals from family and friends
  • Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike
  • Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit
  • Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time
  • Discuss billing options — the difference between an hourly rate and flat fee can be considerable

• What happens when you get a DUI?

  Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.

  Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

• Can I contest a DUI without a lawyer?

  While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

• How much does a DUI cost?

  DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

• When does a DUI become a felony?

  Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:

  • It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.
  • The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.
  • The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.

• How much does car insurance go up after a DUI?

  Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.