Alameda County DUI Lawyer

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Alameda County DUI Attorney

According to California DUI laws, eligible individuals can apply for a restricted license, through their criminal defense attorney, that will put a stay on the suspension of their CDL suspension.

The Department of Motor Vehicles (DMV) must be notified of a request for a hearing within ten days of your arrest. This slows the process to your advantage. The DMV cannot take your license without a hearing, and they cannot hold a hearing until they provide you and your attorney with a copy of the police report and the chemical test.

To get a restricted driver’s license you will need to enroll in court-ordered programs including DUI school, provide proof of SR22, and pay a reissue fee. You may also have to install an Interlock Ignition Device (IID) to regain full driving rights.

Your Quick Guide to IIDs

The DMV will require you to agree to install an IID in your vehicle in order to get a restricted license with full driving rights.

  • What is an IID: This is a miniature breathalyzer that is installed in the dashboard of your car. It requires you to provide an alcohol-free breath sample or your car won’t start.
  • How does it work: Once you start driving, the device will ask for a sample after around 5 to 15 minutes, and then every 45 minutes during your trip. If you do not give a sample, a fail report will be logged and sent to the court.
  • Will I Have to Get an IID: Yes, in order to get your CDL immediately reinstated after notification of suspension. But do not immediately install an IID following arrest, wait until it is actually required by DMV. This is a bit complicated, you are welcome to phone me for an explanation.

What are DUI Programs and Do I Have to Enroll?

In addition to installing an IID, you will need to enroll in a state-approved program at an accredited California DUI school.
These programs include:

Wet Reckless Program

Cost: Varies School to School
If you have a DUI conviction for reckless driving with a BAC of .08, you must finish a 12-hour DUI class. Generally useless because DMV will require at least the 3 month school for CDL reinstatement, even though the court may only order the “Wet” school.

First Time Offender DUI Program

Cost: Varies School to School
For a BAC less than .20, you must attend a DUI education program for 30 hours over a period of three months.
However if you are arrested with a blood alcohol content reading of .20 or higher, or if you refused to consent to a chemical test, you must complete a nine-month DUI program for 60 hours.

Second Time Offender DUI Program

Cost: Varies School to School
Offenders with a second DUI within 10 years will be required to enroll and complete an 18-month multiple offender program.

Third Time Offender DUI Program

In the event that you are arrested three or more times for a DUI and have an extremely high BAC, you may have to take a 30-month DUI program.
(If you are unable to afford the DUI school fees, you may be eligible for a waiver depending on your financial situation.) Delete this.

SR22 Insurance Explained

Unless you’ve faced a California DUI and gone onto a restricted license, you probably do not know what SR22 insurance is. Here’s what you need to know about SR22 car insurance.
Having an SR22 certificate proves that you have sufficient car insurance coverage that meets state minimum insurance requirements.
After being arrested for driving under the influence, or driving while intoxicated (DWI), you are considered a high-risk driver.

This will have an impact on your car insurance including increasing your premiums and your insurer could even cancel your policy.
You will then need to find an insurer that offers coverage for high-risk drivers and can provide SR22 certification.

Let’s summarize this for you quickly:-

Depending on your insurance company, there are costs involved for an SR22 certificate and the cost will be determined by various factors including your:

  • age,
  • driving history,
  • driving experience,
  • marital status, and
  • place of residence.

Because SR22 is linked to your car insurance coverage, you are likely to pay higher premiums and may be required to pay the entire coverage period at once. Any person arrested on drunk driving charges will usually have to maintain an SR22 on file at the DMV for three years from the date of their most recent suspension. That said, the judge may order DUI offenders to have an SR22 for longer. Having up-to-date car insurance as well as an SR22 insurance certificate is a prerequisite to getting a restricted driving license in California.

Leave It to The Experts for Top-Notch DUI Criminal Defense

After being arrested for a DUI in California, fighting the charges might seem like a futile endeavor. You might unknowingly give up your rights and freedoms too.

Without the legal advice of a knowledgeable Alameda County DUI attorney, you might face much harsher consequences than you deserve so it is important to engage the best possible attorney as soon as you are arrested.

Louis J. Goodman is one such attorney. Having been an accomplished Deputy District Attorney, Louis has a unique insight into the tactics of prosecutors and brings 30 years of legal experience fighting DUI criminal charges.

Our legal team pays particular attention to the evidence collected at the scene of your arrest, police reports as well as the conduct of the arresting officer.

We focus on ensuring the reasons for your initial arrest are accurate and reasonable. This includes exploring key areas including:

  • Testing procedures and equipment
  • Police conduct
  • Adverse environmental conditions

Even in the absence of the person arrested, Louis Goodman can liaise with judges and prosecuting attorneys to negotiate favorable plea bargains for your DUI charges. (These may result in jail time and require you to pay hefty fines. Delete this.) You do not have to fight this battle alone as we are on hand to provide advice and to support you throughout the legal process. To schedule your free consultation, contact The Law Offices of Louis J. Goodman online or call510-582-9090

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