OAKLAND DUI ATTORNEY
Best Oakland DUI Attorney information:
If you are looking for the best Oakland DUI Attorney and have been cited to appear in the Oakland Courthouse of the Alameda County Superior Court, here are a few things you should know:
- You will be given a Court date to appear at the Oakland Courthouse (Wiley Manuel Courthouse). Do not fail to appear. If you do the Court will issue a bench warrant for your arrest. By doing this you could end up serving time that you otherwise did not need to serve!
- The case will be arraigned out of Dept. 107 which is the department were all Oakland DUI's, Berkeley DUI's, Alameda DUI's, Piedmont DUI's and Albany DUI's are arraigned. There you will be asked to appear at 9:00 a.m., but the Court will not start until about 9:30, nevertheless be on time. Keep in mind that there are long lines at the entrance to the Court for the metal detector that can delay your appearance.
- If you appear on your own, ask for a continuance to retain an attorney or ask for the Public Defender if you cannot afford a private Attorney. If we represent you on any Oakland DUI, we will appear for you, you do not have to appear in Court.
- If we represent you on the DUI case, then our hope is that you will walk out not owing any fines, jail or probation times. However, if this happens all of it can be arranged in Court and at the Oakland Criminal Clerk's Office.
- If you are looking to hire an Oakland DUI Attorney, you have come to the right place. Go to our home page for more information on us and on Oakland DUI's. Just click on the "ABOUT THE FIRM" in the above menu for more information on DUI's and our Oakland DUI lawyers. or click the link below:
Here are some other useful links when dealing with an Oakland DUI case:
- Alameda County Superior Court
- California CHP Oakland Office
- Check the Court Calendar online to see if your Oakland DUI case is being heard
- Alameda Public Defender's Office Oakland Office numbers
Again, if you have been arrested for an Oakland DUI, Berkeley DUI, Albany DUI, Alameda DUI or a Piedmont DUI and your are in search of an DUI Attorney who will provide you with ethical, competent and aggressive DUI representation then call us today for a free case evaluation.See our home page above for office locations.
*** ALAMEDA COUNTY DUI INFORMATION UPDATE
Alameda County (this involves all Oakland DUI cases) has been selected as one five Counties to test out a pilot program where first offense DUI offenders will be required to install an ignition interlock device on their vehicle. This is an unprecedented act for first time DUI convictions.
Again, if you are looking for an Oakland DUI Attorney, Oakland DUI Lawyer, who will fight for your cause, look no further. We are here to help. Our Oakland DUI Attorneys have been successfully handling DUI's in Oakland for many years. Call us today for assistance.to speak directly with an Oakland DUI lawyer.
*** OAKLAND DUI ATTORNEY UPDATE:
There have been some changes in the Oakland Courts that handle DUI cases. It is important to know all of the new assignments of the all Judges who hear these types of cases. Knowing who will hear your Oakland DUI case will certainly help you decide if you (or really your Attorney) should exercise a peremptory challenge against that Judge. Some Judges are great on the law, while some can have their impartiality suffered due to the type of case that they are hearing. Oakland DUI Attorney, Francisco Rodriguez, knows the Oakland Courts rather well. In fact the Oakland Courthouse is our firms "Home Court". If you have been arrested for an Oakland DUI and are looking for the best Oakland DUI Attorney to defend your case, your search is over! Call Attorney Rodriguez for a free consultation about your DUI case and great tips about the everyone involved in hearing your case:
Oakland DUI Attorney Francisco Rodriguez warns that if you have been arrested, Oakland is now part of the pilot IID program and if convicted even of a first Offense Oakland DUI, you would be required to install the interlock device on your vehicle.
07/12 - UPDATE:
We continue the fight for justice in Oakland DUI cases where the government levies charges on borderline cases that should never have been charged. Oakland DUI Attorney Francisco Rodriguez often comments in trials that the Government throws out a net so large, in their efforts to keep Oakland Drunk Drivers off the road, that in that net are often innocent citizens that then end up being dragged through the process. Remember is not illegal to drink and drive in California, it is illegal to be impaired or over a .08! We often wonder why the Government doesn't simply pass a law that prohibits any drinking and driving, but of course the alcohol industry could never stand for that! If you have been arrested for a DUI and are looking for the best Oakland DUI Attorney, Call us now: (415) 378-4133.
08/17 - UPDATE:
After a two week battle, we finished a first offense Oakland DUI trial with a hung Jury! The case was not easy as Oakland DUI Attorney, Francisco Rodriguez, maneuvered the case through a series of motions and strategical decisions that needed to be made. In the end, a jury of 12 could not decided if the our client was in fact guilty as the Government alleged! This was despite a .10, .10 breath test that was submitted by the prosecution!. If you are in need of a competent Oakland DUI Trial Attorney, look no further, Attorney Francisco Rodriguez can handle your case, Callour new office is located directly across the street from the Oakland DUI Court House!
Oakland, CA — Oakland Police Department Traffic Unit will be conducting a DUI/Drivers License Checkpoint on Sunday, December 16th, 2012, at an undisclosed location within the city limits between the hours of 7:00 p.m. and 3:00 a.m. DUI checkpoints are a proven enforcement tool effective in reducing the number of persons killed and injured in alcohol involved crashes. Research shows that crashes involving alcohol drop by an average of 20 percent when well publicized checkpoints are conducted often enough. Officers will be contacting drivers passing through the checkpoint and looking for signs of alcohol and/or drug impairment. Officers will also check drivers for proper signs of alcohol and/or drug impairment. Officers will also check drivers for proper licensing and will strive to delay motorists only momentarily. Drivers caught driving impaired can expect jail, license suspension, and insurance increases, as well as fines, fees, DUI classes and other expenses that can exceed $10,000.
In 2010, over 10,000 people were killed nationally in motor vehicle traffic crashes that involved at least one driver or motorcycle rider with a blood alcohol concentration (BAC) of .08% or higher. In California, this deadly crime led to 791 deaths because someone failed to designate a sober driver. “Over the course of the past three years, DUI collisions have claimed 9 lives and resulted in 433 injury crashes harming 285 of our friends and neighbors,” said Sgt Kelley. According to the National Highway Traffic Safety Administration (NHTSA), checkpoints have provided the most effective documented results of any of the DUI enforcement strategies, while also yielding considerable cost savings of $6 for every $1 spent. Checkpoints are placed in locations that have the greatest opportunity for achieving drunk and drugged driving deterrence and provide the greatest safety for officers and the public.
“Deaths from drunk and drug-impaired driving are going down in California,” said Christopher J. Murphy, Director of the California Office of Traffic Safety (OTS). “But that still means that hundreds of our friends, family and co-workers are killed each year, along with tens of thousands who are seriously injured. We must all continue to work together to bring an end to these tragedies. If you see a Drunk Driver – Call 9-1-1.” Funding for this checkpoint is provided to Oakland Police Department by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration, targeting those who still don’t heed the message to designate a sober driver.
If however you end up getting caught in the DUI checkpoint and unjustly accused of driving under the influence, you can call Oakland DUI Attorney, Francisco Rodriguez for a free consultation on how to attack the constitutionality of the Oakland DUI checkpoint. Call now at
UPDATE - 8/2013
The battle is heating up in the Oakland DUI Courts because of the latest United States Supreme Court Decision in Missouri v. McNeely, a case where the high Court clearly instructs all lower Courts that in most blood draws involved in a DUI case, the police must have a warrant! The ruling has such a tremendous impact on so many DUI cases that the Oakland DUI Courts are trying to figure out how to deal with this.
The law is complex and if you have been arrested for an Oakland DUI case and are in need of an Oakland DUI Attorney, then contact Attorney Rodriguez, he is simply the best DUI Attorney in the area....
Difficulties with Analyzing Blood Samples for Alcohol Levels
In DUI cases investigations often involve the taking of blood samples as well as the required breath test. Although, as any good Oakland DUI attorney will tell you, blood samples are often more accurate and pertinent to the defense of an Oakland DUI blood case, than standard breath tests, problems with their analysis can still lead to inaccurate or misleading results. If you are challenging a DUI allegation then your defense team, for example an Oakland DUI attorney if you live in California, will look at some of these issues, including any delays in the taking of the blood sample, to help the court decide if it is in fact accurate. Although DUI testing has come a long way from the 'walk in a straight line' methods of testing, which are of course very subjective and unreliable as evidence, there still exist question marks over the reliability of samples obtained from blood testing.
Storage of Blood Samples
One of the issues associated with the unreliability of blood samples tested for alcohol levels, as many an Oakland DUI attorney has successfully argued, is the way in which the sample is stored. Blood samples are taken at the time of allegation, but hours may elapse before the sample is analyzed, and the manner in which it is stored in that time can lead to false readings. Blood samples are usually stored in a vial, in perfect conditions for fermentation to occur. Fermentation is the process of alcohol formation, caused by a mixture of bacteria, sugar and yeast. All of which occur naturally within the body and the blood. If the sample is left too long then, this process occurs and by the time the sample is analysed, alcohol is present that may not in have been in the defendant's system at the time of the sample being taken. This can lead to many a false allegation, and indeed many cases have been argued by an Oakland DUI attorney for the defense on similar grounds.
Testing of the Sample
The way in which the sample is tested can also lead to problems and therefore misrepresentation. Samples are often analyzed for alcohol content using a Gas Chromatograph, a device which is held to be inefficient on two counts. One, the machine cannot determine how long the alcohol level has been present, so if there has been a delay as discussed in the previous paragraph, the reading will not be accurate for the time the sample was taken. It has also been argued that the very process of analysis causes the formation of compounds that can falsely show up on results as alcohol.
The Implications for DUI cases
Such problems with sample testing can have far reaching implications in DUI cases. In California there is a roughly 75% conviction rate in DUI allegations. Many of those not convicted will have been as a result of the DUI attorney for the defense raising the issue of unreliable sampling, but of course there are no statistics for those convictions, which may have been based on unreliable evidence. It is important as a driver to prevent these allegations in the first place by driving responsibly with adequate coverage and ensuring your vehicle is correctly registered and licensed. Should you still find yourself under investigation for driving under the influence, it is helpful to have an awareness of these possible difficulties in obtaining a reliable blood sample. A false conviction for DUI can have many negative effects on a driver's future, not least of which a criminal record.
Efforts to Ensure Accurate Testing
Most testing laboratories are aware of these very serious issues and new research is constantly being undertaken to discover the best ways to ensure the accuracy of samples tested for blood alcohols. Many believe a range of tests is the best way to determine if a person is guilty of DUI, rather than relying on the results of one test to determine alcohol levels. For example the results of blood tests, breath tests and a urine test may all be taken into account. Many a Oakland DUI attorney however believes breath testing to be even more unreliable than blood sampling, and would advise against submitting to more than one test.
The results of DUI tests may be unclear, but what has certainly been clarified is the need for further research into how best to ascertain a reliable and accurate reading of alcohol levels through the analysis of blood testing.
IS A PRESCRIPTION A VALID OAKLAND DUI DEFENSE?
Driving under the influence - DUI - in California refers both to driving with above a certain level of alcohol in your system and/or under the
. Sounds simple enough. Yet in Oakland and California many an Oakland DUI attorney has found themselves defending clients who were not under the influence of alcohol or illegal drugs at all but rather medicines administered and prescribed by their own doctor. California Vehicle Code 23152a makes driving under the influence of drugs that impair one's driving skills prohibited by law, even when that drug has been lawfully prescribed by your doctor for a genuine medical complaint. One of the most common prescription drugs that our Oakland DUI attorneys often find come up in these cases is hydrocodone, one of the most regularly prescribed drugs in the US.
The Effects of Hydrocodone
Hydrocodone - most common brand name Vicodin - is usually prescribed as a painkiller and is classified as a narcotic analgesic, an opiate such as codeine and heroin. Side effects can include drowsiness, drooping eyes, slower reflexes and reaction times and impaired judgement. All of these side effects can of course seriously impair one's driving, so it is perhaps understandable that hydrocodone is responsible for a significant number of DUI arrests. However many of these arrests are not always justified, and this is where your Oakland DUI attorney comes in. A certain amount of therapeutically prescribed Vicodin is unlikely to cause significant impairment to your driving, and your Oakland DUI attorney will use this in your defense.
Prescription Drugs and your Oakland DUI
Many prescription drugs such as hydrocodone come up in DUI cases because even as a prescribed drug they are open to abuse and can lead to addiction, in which case the driver may not be aware of how much they have taken and how much the drug may be affecting their driving skills. Hydrocodone in particular is classified as a Schedule Two controlled substance under the Controlled Substance Act of the United States, meaning it is recognized as a drug that, even though it is available on prescription, is open to abuse and indeed can cause severe psychological and physical dependence. In fact it is the one of the most highly
and there are recovery centres that specialize in
, so widespread is the problem. This is one reason, along with the possible side effects, that hydrocodone is often featured in DUI cases. If however you find yourself faced with this charge but know that your use of the drug is only as therapeutically prescribed and do not believe your driving was impaired, your Oakland DUI attorney will be able to prepare a strong case for your defense.
How Your Oakland DUI Attorney Will Defend a DUI Hydrocodone Charge
Unfortunately a valid prescription is not necessarily an automatic defense. Your prescription drugs will come with a warning to not drive if you are effected by certain symptoms arising from using the drug. It is also strongly cautioned that you should not drink alcohol while taking hydrocodone as this can enhance the side effects that may cause impairment. However, if you do not feel your driving was impaired and the charge is unfair, your Oakland DUI attorney may ask for a 'blood split' which allows them to obtain part of the original blood sample and have it independently tested and analyzed. Unlike illegal drugs a hydrocodone DUI defense can be argued on the amount that is found to be present in the driver's blood stream at the time, as small therapeutic doses are unlikely to impair your driving skills. By having the blood split analyzed, your Oakland DUI attorney can argue that the amount of drugs in your system was insufficient to justify a DUI charge, leading to a reduced charge or a dismissal.
Also, because of the inherent problems involved in the way that blood samples are often collected and tested, by asking for a blood split and ordering an independent analysis, it can often be shown that the sample was contaminated or incorrectly tested and/or stored. If this is so then the blood results may be found to be inadmissible as evidence, which will generally result in the entire hydrocodone DUI case against you being dismissed.