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Oakland & Berkeley DUI / Drunk Driving Attorneys and California Criminal Defense Lawyers
A driver arrested for drunk driving (Driving Under the Influence or
“DUI”) will face criminal charges in court as well as a potential
license suspension by the DMV. Typically a district attorney’s office
will file a complaint charging two counts for the same DUI (other
states sometimes use the term DWI): the “a count” alleges driving under
the influence of alcohol or a drug, while the “b count” alleges driving
with 0.08% blood alcohol content or higher. The first, second, and
third offenses within ten years are charged as misdemeanors, though a
fourth offense can be charged as a felony. The DUI can also be charged
as a felony if the case involves an accident with injury. In some cases
a DUI can be reduced to a “wet reckless” or even an infraction, with
the agreement of the district attorney.
The standard punishment for a first offense is 48 hours jail (usually
served in a work program), three years probation, fines and fees
totaling over $1,700, and completion of a driver safety program. For
subsequent convictions within ten years the court is required to
increase the jail sentence and length of the program, and frequently
will order longer periods of probation and installation of an ignition
interlock device in any vehicle operated by the defendant. A wet
reckless normally involves no jail time, a probation period lasting one
or two years, fines and fees several hundred dollars lower than for a
DUI, and possibly a shorter, twelve hour class.
A driver arrested for drunk driving must request an Administrative Per
Se hearing (“APS hearing”) with the DMV within ten days of the arrest
or his or her license will be suspended in most cases. At the hearing
the driver’s counsel can challenge the DMV’s proof that the law
enforcement officer had reasonable cause to stop the driver; that the
law enforcement officer had probable cause to arrest the driver for a
drunk driving violation; and that the driver had 0.08% blood alcohol
content or higher (or that the driver refused to perform a chemical
test). Contact Surowitz and Bell as soon as possible after arrest
to protect your rights and secure fast representation in Oakland,
Berkeley, Albany, El Cerrito and other East Bay cities.
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