DUI Cases in Alameda County

Oakland DUI cases are the most complex of Bay Area DUI arrests and are handled at the Wiley Emanuel Courthouse at 661 Washington Street in Oakland, California in Alameda County.  The Oakland courthouse is a busy place and misdemeanor driving under the influence cases are of relative low priority.  Nevertheless, Oakland District Attorneys are given wide discretion to settle DUI cases in the interests of justice. and special consideration will be given for collateral Immigration and employment consequences.  

 The Superior Court of California has jurisdiction over infraction, misdemeanor, and felony cases that occur within the county where the superior court is located. The Criminal Division is that part of the Court's Clerk's Office where a complaint is filed by the prosecuting agency, including but not limited to the Alameda County District Attorney. 

Like all driving under the influence arrests, Oakland DUI arrests involve two distinct cases: a criminal case which is prosecuted at 661 Washington Street in Oakland and a Administrative Per Se or "APS" case or "DMV Case" which is handled at the Department of Motor Vehicles, DMV Driver's Safety Office at 7677 Oakport Street in Oakland.  A DMV hearing must be requested within ten days of service of the Temporary License, which is typically on the date of arrest.  The Temporary License is usually a pink colored carbon copy type of document and is served on the arrestee at the time of release from jail along with a citation or notice to appear in court.  If the DMV hearing is not requested within 10 days, a request can still be made, however the individual is likely to be denied a hearing and a stay of suspension which means that their Temporary License will expire thirty days from the date of arrest.

Oakland DUI cases tend to take a long time to resolve.  This is busy courthouse, for sure, but it’s also crucial to understand that DUI cases tend to look better to prosecutors over time and the courts are generally willing to accommodate the necessary case continuances to get the best possible result.  

If you are someone you know has been arrested for DUI in Alameda County, an experienced Oakland DUI attorney is a must.  Oakland DUI lawyer Nors Davidson knows how to help to make sure that your punishments are minimized, your case is dismissed or even how to present the best trial defenses. 

RECENT OAKLAND DUI CASE RESULTS

Alameda County Oakland DUI .14% BAC First Offense DUI

Outcome DUI CHARGES DISMISSED: Case Reduced to Reckless Driving; 1 Year DUI Probation, $929 Fine, 12 Hour DUI School & NO LICENSE SUSPENSION OR SR22

Description Client was stopped by the California Highway Patrol for speeding (97 in 65 mph) and subjected to a DUI investigation. Client submitted to PAS test with results of .12% and .14% BAC and was arrested. After arrest, Client performed two breath tests with results of .14% BAC. Today, we resolved this case for a dismissal of all DUI charges in exchange for a plea to "reckless driving". Client sentenced to one year of probation, fine of $829 and a 12 hour DUI school. Additionally, we obtained a "not guilty" finding as to driving with a BAC in excess of .08% resulting in NO LICENSE SUSPENSION AND NO SR22 INSURANCE REQUIREMENT.

Alameda County Oakland DUI .16% BAC First Offense DUI High BAC DUI  Enhancement

Outcome ENHANCEMENT DISMISSED: $390 Fine, NO SWAP, 3 Month DUI School and 3 Years DUI Probation

Description Client was stopped by the Berkeley Police Department for running a stop sign and speeding. A DUI investigation ensued and client refused to take the PAS breath test an instead opted for the blood test which returned a result of .16% BAC. Today, I successfully settled this case for a much reduced sentence. The high BAC (above .15%) enhancement was dismissed and client was sentenced to three years probation, a reduced fine of $390, a three month DUI school and credit for time served, i.e. no jail, SWAP or community service.

Alameda County Oakland DUI .23% BAC First Offense DUI Collision High BAC DUI Enhancement

Outcome DUI CHARGES & ENHANCEMENTS DISMISSED for Reckless Driving. 1 YEAR  DUI probation, $1,923 Fine, 9 month DUI School, NO LICENSE SUSPENSION OR SR 22.

Description Client was arrested by the Piedmont Police Department after he was reported to have collided with a parked car in front of his apartment. Police arrived and conducted DUI investigation. Client refused PAS and submitted to a blood test which returned result of .23% BAC thus qualifying him for the high BAC enhancement as well. Today, I successfully settled this case for a dismissal of all DUI charges and plea to "reckless driving" ("Wet"). Client received heavily reduced sentence of one year probation, fine of $1,923 and 9 Month DUI School. The reduction was critical because I would later obtain a "set aside" of client's DMV suspension hearing so client suffered NO ACTUAL LICENSE SUSPENSION & NO SR22.

Alameda County Oakland DUI .14% BAC First Offense DUI Collision

Outcome: Probation Granted: 3 yr Probation, $2,044, 3 Month DUI School, NO JAIL, SWAP OR COMM. SERVICE

Description: Client arrested after property damage vehicle collision by the CHP. Blood test returned result of .14% BAC. Successfully mitigated damage for client in settling case today for minimum punishment: 3 years court probation, fine $2044, 3 month DUI school and NO JAIL, SWAP OR COMMUNITY SERVICE. License suspended for 30 days and restricted for five months.

Alameda County Oakland Hit and Run Misdemeanor

Outcome: POST PLEA DIVERSION: CASE DISMISSED

Description: Client was a young man who was driving his vehicle in the early morning hours when he lost control and crashed off the side of the road causing minor damage to a property fence. Client left the scene without notifying the police. Subsequently, client was contacted by the CHP and cited for leaving the scene of an accident, a misdemeanor. After a couple of Pre-Trial Conferences, we settled the case today for a “Post Plea Diversion.” Basically, client was required to pay a nominal fine of $250, complete a “driving course” online and remain crime free for 4 months. Once completed, all charges against client will be totally dismissed.

Alameda County Oakland DUI .19% BAC First Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted: 3 Years, $2054 Fine, 3 Month DUI School & 2 Days SWAP

Description: Client arrested for DUI by CHP after colliding with a house. Client submitted to PAS .18% and .19% BAC and later blood test of .19% BAC. Settled case today for Probation Granted: 3 Years, $2054 Fine, 3 Month DUI School & 2 Days SWAP.

Alameda County Oakland DUI .08% BAC First Offense DUI

Outcome: ALL CHARGES DISMISSED

Description: Client arrested for DUI by California Highway Patrol after being observed speeding. PAS .09% BAC and Blood Test of .08% BAC. ALL CHARGES DISMISSED!

Alameda County Oakland DUI .19% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED: 3 yr Probation; 3 month DUI school, 1 day SWAP

Description: Client was arrested by the CHP for DUI after he was observed "weaving." Client performed sobriety tests, but the officers did not have a PAS device for him to blow into. After being arrested for DUI, client assented to a blood test which returned a result of .19% BAC. As a result, client was charged by the District Attorney for DUI with a special enhancement for having a BAC in excess of .15%. Today, we resolved the case rather favorably, although he did have to plea "no contest" to the misdemeanor DUI. The enhancement was dismissed and the client received a modest sentence of three years probation, fine of $2054, 3 month DUI school and one day of SWAP/Community service in lieu of actual jail. The result was particularly good since the DA initially wanted a longer DUI school, i.e. 6 to 9 months, because of the high BAC. Since we were able to get the shorter school, client will only be required to have an ignition interlock device ("IID") for five months instead of 10, thus saving him thousands of dollars.

Alameda County Oakland DUI .07% BAC First Offense DUI under 21 Zero Tolerance

Outcome: DUI CHARGES DISMISSED. LICENSE SUSPENDED FOR ONE YEAR

Description: Client is a local college student who made the mistake of driving after drinking alcohol. Client was stopped by the Oakland CHP for speeding and since she was under 21, was required to blow into a PAS device which returned results of .07 and .07% BAC. Client arrested for DUI and served with DMV APS suspension notice. I successfully obtained a DISMISSAL of all criminal charges against the client in the courts which was the most important objective. Unfortunately, the DMV hearing did not go as well and client's license was suspended for one year. Client will need an SR 22 insurance policy in effect for three years and pay a $125 license reissue fee to get her license back. Since the DUI charges were dismissed, the client will not have to complete a DUI school, saving her 4 months of classes and about $600, and suffered no points on her driving record. All in all, a very good DUI case result.

Alameda County Oakland DUI .16% BAC First Offense DUI High BAC Enhancement

Outcome: DUI CHARGES REDUCED TO RECKLESS DRIVING

Description: Client stopped for speeding and weaving by the Alameda County Sheriff. Suspected of DUI, client submits to exercises and two PAS tests with results of .11%. Client agrees to blood test which returns result of .16% BAC, thus qualifying him for an "enhanced" DUI charge due to the high BAC. Today, we settled the case for a remarkable result. DUI charges dismissed and case reduced to "Reckless Driving" with client sentenced to 3 years of probation, fine of $964, and a 3 month DUI School. No mandatory license suspension and most importantly, no IID.

Alameda County Oakland DUI .14% BAC First Offense DUI

Outcome: DUI CHARGES REDUCED TO RECKLESS DRIVING

Description: Client stopped by CHP for weaving. Submitted to PAS test of .10% and later blood draw of .14% BAC. Settled case today for reduction to Reckless Driving ("Wet") where client avoided mandatory IID and received a reduced sentence. Client sentenced to 2 years probation, fine of $964, and 12 hour DUI school.

Alameda County Oakland DUI .17% BAC First Offense DUI High BAC Enhancement

Outcome: DUI CHARGES REDUCED TO RECKLESS DRIVING

Description: Client from out of town is arrested by Emeryville Police Department. Submits to two PAS tests of .17% BAC and followed by two more breath tests of .15% BAC, thus qualifying him for an enhanced DUI. Settled case today for client for tremendous result: DUI charges dismissed for plea to Reckless Driving. This avoided the IID and made a big difference for the client with his licensing board. SENTENCE; 3 YEARS PROBATION, FINE $2054, AND 3 MONTH DUI SCHOOL.

Alameda County Oakland DUI .13% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED: CASE SETTLED FOR RECKLESS DRIVING

Description: You get what you pay for, and sometimes more, if you hire the right lawyer for your DUI case. This particular case arose from a DUI arrest Oakland by the CHP. The client blew a .13% BAC twice and refused to take the PAS test. Charged with a DUI, it was crucial that I was able to get the charges reduced to avoid the mandatory IID. We rejected the DA's initial offer (minimum sentence DUI) and through perseverance achieved a negotiated lesser charge of "Reckless Driving."

Alameda County Oakland DUI .08% BAC First Offense DUI

Outcome: ALL CHARGES DISMISSED

Description: Client arrested for DUI by California Highway Patrol after being observed speeding. No PAS, 08% BAC Blood Test. ALL CHARGES DISMISSED.

Alameda County Oakland DUI .09% First Offense DUI

Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, Fine $964 and 12 Hour DUI School, NO SWAP.

Description: Client arrested by Berkeley Police Department after failing to stop for red light. PAS .11% and .10% BAC. Blood test .09% BAC. Settled today for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, Fine $964 and 12 Hour DUI School, NO SWAP.

Alameda County Oakland DUI .15 % BAC Third Offense DUI Collision

Outcome: NO ACTUAL JAIL TIME, 5 Years Probation, Fine $2044, 18 Month DUI School and 130 Days Electronic Monitoring

Description: Client arrested for DUI by CHP after being involved in collision. Client had two prior DUI convictions and blood test in this case was .15% BAC. Settled case today for NO ACTUAL JAIL TIME, 5 Years Probation, Fine $2044, 18 Month DUI School and 130 Days Electronic Monitoring. THIS WAS AN AMAZING RESULT!  Third Offense DUI's almost always require some significant custody time so this was a huge victor for this client.

Alameda County Oakland DUI .10% BAC First Offense DUI Collision

Outcome: ALL CHARGES DISMISSED.

Description: Client arrested for DUI by CHP after being involved in a collision. PAS .11% and Blood Test of .10% BAC. ALL CHARGES DISMISSED by District Attorney for failure to preserve client’s blood sample for retesting.

Alameda County Oakland DUI .14% BAC First Offense DUI 

Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $964 Fine, 3 Month DUI School & NO SWAP

Description: Client arrested by Albany Police Department for DUI after being observed unable to maintain her lane. Client submitted to Breath Tests with results of .14% and .12% BAC. Settled case today for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $964 Fine, 3 Month DUI School & NO SWAP.

Alameda County Oakland DUI .13% BAC First Offense DUI 

Outcome: ALL CHARGES DISMISSED & NO LICENSE SUSPENSION

Description: Client was an officer in Coast Guard and could not get convicted of anything or lose his license because it would result in discharge. Client stopped by CHP for drifting and submitted to PAS with result of .13% BAC, a breath test of .12 % and .13% BAC. Today I convinced the DA to dismiss all charges and court to fine him "not guilty" thus resulting in a total dismissal and no license suspension. Funny thing, this client didn't even write me a good review!

Alameda County Oakland DUI First Offense DUI Drugs

Outcome: ALL CHARGES DISMISSED

Description: Client arrested by CHP after admitting to consuming pain killer, Hydrocodone, for wisdom teeth extraction. Case went on for months with DA offering plea to DUI in spite of the DMV set aside of license suspension. Today, they did the right thing and dismissed all charges.

Alameda County Oakland DUI .20% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL & 1 DAY SWAP

Description: Client stopped by CHP for no front license plate. Client submits to PAS test and later blood test which returned a result of .20% BAC. Settled case today for excellent outcome: enhancement dismissed, 3 years probation, $2054, 3 MONTH DUI SCHOOL, and only one day of SWAP in lieu of jail.

Alameda County Oakland DUI .16% BAC First Offense DUI Collision

Outcome: Probation Granted: 3 yrs, $2044, 3 Month DUI School & 3 SWAP

Description: Client arrested by CHP after a property damage collision. Four breath tests came in twice the legal limit at .16% BAC. Settled case today for reasonable sentence of 3 years probation, fine of $2,044, 3 month DUI School and 3 days of SWAP in lieu of actual jail. License suspended for 30 days followed by 5 months restriction.

Alameda County Oakland DUI .25% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL

Description: Client was a Berkeley student who was arrested by the Berkeley Police Department after his vehicle had a collision with a fire hydrant. Client refused PAS test and later blood test revealed a BAC of .25%. Settled case today for remarkably good deal of 3 years probation, fine of $2,209, 3 days of SWAP in lieu of jail and the THREE MONTH DUI SCHOOL. Client's license suspended for thirty days with restriction for five months.

Alameda County Oakland DUI .14% BAC Second Offense DUI

Outcome: DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 3 Years Probation, $2044 Fine, 18 Month DUI School & 4 Days SWAP

Description: Client arrested by CHP at a DUI Checkpoint. Settled the case today for DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 3 Years Probation, $2044 Fine, 18 Month DUI School & 4 Days SWAP.

Alameda County Oakland DUI .09% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & REDUCED TO RECKLESS DRIVING: NO IID

Description: Client stopped by California Highway Patrol on I 880 for weaving. Client submitted to PAS test with .08% and .09% BAC results. After arrest, Client submitted to two breath tests with .09% and .09% BAC, respectively. Today, we settled the case without trial for a dismissal of DUI charges and plea to reduced charge of "reckless driving." Client sentenced to significantly reduced sentence of two years probation, fine of $960 and 12 hour DUI School. NO IGNITION INTERLOCK DEVICE REQUIRED ("IID"). Client's license likely to be suspended for four months by DMV.

Alameda County Oakland DUI .39% BAC First Offense DUI Collison High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED only 4 DAYS SWAP

Description: Client arrested for DUI by Alameda Police Department following a collision with a parked car. Blood test came back a remarkably high .39% BAC, one of the highest I've ever seen. Client took my suggestion early on to seek voluntary alcohol treatment, and today we settled the case quite favorably as a result. Client received minimal sentence of three years probation, fine of $2,224, 9 month DUI school and 4 actual days of SWAP in lieu of jail. License suspended for 30 days with Ignition Interlock Device restriction for 9 months.

Alameda County Oakland DUI .09% BAC First Offense DUI

Outcome: CASE REDUCED TO "DRY" RECKLESS DRIVING WITH NO LICENSE SUSPENSION

Description: Client stopped by CHP for drifting and speeding on I 880. Client submitted to PAS test of .09% BAC and later Blood Test of .08% BAC. Today, we settled the case for a "DRY RECKLESS" misdemeanor for favorable reduced terms of: 2 years probation, fine $225, NO DUI SCHOOL. Moreover, we obtained "set aside" from DMV resulting in NO LICENSE SUSPENSION.

Oakland DMV .19% BAC First Offense DUI Under 21 Zero Tolerance Hearing

Outcome: LICENSE SUSPENSION "SET ASIDE"

Description: Officer's failed to prove time of driving necessary for three hour presumption and as a result DMV license suspension "set aside."

Alameda County Oakland DUI First Offense DUI Drugs

Outcome: ALL CHARGES DISMISSED & DMV "SET ASIDE"

Description: Client wrongly accused of being under influence of drugs while driving. DA agreed to dismiss all charges and client suffered no license suspension from DMV as a result.

Alameda County Oakland DUI .09% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING: 2 Years Probation, $1000 fine and 12 Hour DUI School & NO LICENSE SUSPENSION

Description: Client was stopped by the California Highway Patrol for weaving and speeding. DUI investigation followed with PAS tests of .09% and .08% BAC. Client arrested for DUI and submitted to breath test with results of .09% and .09% BAC. Today we settled case for dismissal of DUI charges in exchange for plea to reckless driving. Client received two years of probation, fine of $1,000 and 12 hour DUI school. Client found "not guilty" of driving with BAC in excess of .08% so NO DMV SUSPENSION.

Alameda County Oakland DUI .13% BAC First Offense DUI Collision

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client was a recent college graduate who totaled vehicle in Webster Tube. CHP investigation included .11% and .13% BAC on PAS device and .11% and .12% BAC on breath test. Instead of enhanced sentence for collision, we got the case reduced to Reckless Driving today to avoid the mandatory IID.

Alameda County Oakland DUI .20% BAC Second Offense DUI High BAC Enhancement

Outcome: Probation: 3 years, $1970 fine, 18 Month DUI School; 4 days SWAP

Description: Client arrested by Oakland P.D. after 911 call reported a weaving driver. PAS test of .23% BAC and subsequent Blood test of .20% BAC. Client had prior DUI conviction in 2009.

Alameda County Oakland DUI .19% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP

Description: Client stopped by Albany Police Department for failing to drive on a green light. No PAS test but blood test came back .19% BAC.

Alameda County Oakland DUI .13% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client arrested by Berkeley P.D. and submitted to two PAS tests of .11% & .12% BAC. Client arrested for DUI and submits to two breath tests of .10% BAC. Client then submits to blood test which came in a .13% BAC, which we retested to get to a .11% BAC. Thankfully, we got the case reduced to Reckless Driving today to avoid the IID and a Mandatory license suspension.

Alameda County Oakland DUI .14% BAC First Offense DUI Collision

Outcome: Probation Granted: 3 years; $1,964, 3 Month DUI School & 1 day SWAP

Description: Excellent result today: three years probation, fine of $1,964, three month DUI School and only 1 day of SWAP in lieu of jail. License suspended for thirty days followed by five month restriction with SR 22 and Ignition Interlock Device.

Alameda County Oakland DUI .11% BAC Second Offense DUI

Outcome: CASE DISMISSED & DMV "SET ASIDE"

Description: Client submitted to two PAS tests with result of .11% BAC and then two .08% BAC breath tests at the station after being arrested by the CHP for DUI and stopped for an illegal turn. Criminal case DISMISSED and won "SET ASIDE" at DMV. NO license suspension or conviction!

 Alameda County Oakland DUI First Offense DUI REFUSAL

Outcome: DUI CHARGES & REFUSAL DISMISSED FOR "DRY" RECKLESS DRIVING

Description: Client actually had 13 year old prior DUI offense. Case settled today for DRY RECKLESS: for 2 years probation, fine of $533, NO DUI SCHOOL, NO SWAP, NO IID.  Would later win the DMV hearing for NO LICENSE SUSPENSION.

Alameda County Oakland DUI .13% BAC Second Offense DUI

Outcome: DUI Dismissed for Reckless Driving: 3 yr Probation, $1973 fine, NO DUI SCHOOL & NO SWAP

Description: Client stopped for weaving by Emeryville P.D. Preliminary breath test of .13% BAC with evidential breath test of .12% BAC. Client had prior DUI conviction from Santa Clara County in 2007.

Alameda County Oakland DUI .09% BAC First Offense DUI

Outcome: DUI Charges Dismissed for DRY RECKLESS NO SUSPENSION, NO DUI SCHOOL, NO SR 22 & IID

Description: Oakland PD stopped client for speeding. PAS .09% BAC followed by .08% BAC breath test.

Alameda County Oakland DUI .24% BAC First Offense DUI High BAC Enhancement

Practice Area:  Oakland DUI and DWI

Date: Jan 22, 2015

Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL

Description: This was my second case of the morning here in Oakland and it actually ended up quite well for this client who was stopped by the CHP for speeding on his way home to Contra Costa County. Client failed field sobriety tests and was arrested for DUI. Complicating matters, client was found to be in possession of a small amount of cocaine in his pocket. Client later submits to a breath test with a result of .24% BAC. Charged with a DUI, client was looking at a 9 month DUI school and a lengthy jail sentence to boot. Well, today I settled this case for a good guy for three years of probation, fine of $1,970, only one day of SWAP and importantly only a THREE MONTH DUI SCHOOL. Client will still suffer a thirty day license suspension and need an IID to reinstate his license. You can't win them all...

Alameda County Oakland DUI .12% BAC Second Offense DUI

Outcome: DUI DISMISSED & NO LICENSE SUSPENSION

Description: This case was a tough one. Client was stopped for speeding on his way home from a baby shower. Client submitted to two PAS breath tests with results of .10 and .11 BAC and then was arrested for DUI. While at the station, two more breath tests were obtained with results of .11 and .12% BAC. Complicating matters, this was client's second DUI offense meaning that he was looking at a minimum of 90 days suspension, which would have been a tremendous hardship since he was self employed and needed his license desperately. I appeared on this case several times but only today was I able to get the result that this client needed. Today, the District Attorney agreed to reduce the DUI to reckless driving for a highly reduced sentence of two years of probation, fine of $1,033 and an 18 month DUI School. I obtained an "acquittal" on the charge of driving with a BAC in excess of .08% resulting in NO LICENSE SUSPENSION! A remarkable result for a client who well......he can be the judge of whether or not he actually deserved it....

Alameda County Oakland DUI First Offense DUI REFUSAL

Outcome: DUI CHARGES & REFUSAL DISMISSED FOR RECKLESS DRIVING

Description: A driver in California has already consented to a chemical test by the very act of driving. For this reason, both the courts and the DMV take a very harsh approach to so called "refusal" cases. So often, however, these cases are either a misunderstanding caused by a failure to explain by the officer, or even worse, the officer just losing his patience and "writing it up as a refusal." This was another case of a questionable "refusal" where the client as found passed out in her vehicle at a fast food restaurant in Berkeley. Although client had cooperated fully with officers, including field sobriety tests and answering all of their questions, the officer's "wrote it up as a refusal" because the client had asked too many questions. Isn't it so much easier that way? Well, it would be only if somehow the officers had the TECHNOLOGY to somehow MAKE AN AUDIO RECORDING of the alleged explanation of the officer and the subsequent refusal.....maybe someday. In the meantime, we have to just deal with "take my word for it" from a cop. Gratefully, the District Attorney made an honest evaluation of the merits of this case and it's "provability" and agreed to make an offer that my client couldn't refuse. The DUI and refusal charges were DISMISSED. Client accepted a minimum sentence for Reckless Driving which entailed two years of informal probation, fine of $1,033 and a 12 hour DUI School. No jail or SWAP but we've got our work cut out for us at the DMV hearing where the client faces a full one year license suspension with NO restricted license. 

Alameda County Oakland DUI .15% BAC First Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted: 3 years, 3 Month DUI School, 172 hours Community Service & $281 Fine

Description: I always say first offense DUI cases come in all different shapes and colors, but are in reality, the same mistake. Take the case of this client, for example. Client was under 21 and went to a dinner party where she drank a fair amount of wine. Client didn't have much experience drinking, much less driving, and no one thought to get her a ride home. Instead, client attempted to drive home but got lost and then confused ending up in a ditch after a solo vehicle collision. Thankfully, no one was injured but when the CHP arrived, the DUI investigation began. Ultimately, client submitted to two PAS breath tests with results of .14 and .15% and she was arrested. Client then submitted to two "evidential" breath tests which had identical results. Although this client had made a terrible mistake, she now faced a criminal prosecution in court and it's an unwritten fact that the district attorney's like to enhance the punishment for any DUI related collision case. Nevertheless, we presented our best to the prosecutor who graciously allowed us to resolve the DUI case for BELOW the minimum sentence possible. Client was convicted of DUI and received three years informal court probation, a 3 month DUI School; reduced fine of $281; 172 hours Community Service and NO additional jail or SWAP. As client was under 21 at the time of the DUI arrest, her license was suspended by DMV for one full year with no restriction. Like most DUI's, this was a stupid mistake, but I'm confident that this client learned her lesson and will never get a DUI again.

Alameda County Oakland DUI .11% BAC First Offense DUI

Outcome: DUI Charges Dismissed: Case Settled for Reckless Driving

Description: This case had a lot more at stake than you'd think with a first offense DUI. Client was from Nepal and living in the United States illegally while seeking political asylum. Regrettably, he was pulled over by the CHP for speeding and determined to be DUI after his Field Sobriety Tests and a PAS breath test of .12% BAC. A subsequent blood test only confirmed the fact and returned a .11% BAC. All DUI convictions in California have a mandatory 48 hour minimum sentence. Although this sentence is usually served through the Sheriff's Work Alternative Program or "SWAP", that program requires booking and being illegal, this client faced a potential ICE hold and even deportation back to Nepal. With the pressure on, we needed to get this case reduced, not just to save the client punishment and money, but to avoid the mandatory minimum sentencing that flows from a DUI conviction. Gratefully, I was able to settle this case today in Oakland for a dismissal of the DUI charges in exchange for a plea to the reduced charge of reckless driving ("wet" reckless). Client received a substantially reduced sentence of two years of informal court probation, a fine of $1,033 (about half the normal DUI fine), a 12 hour DUI School (again about half the length and cost of the regular DUI School) and most importantly NO jail or SWAP. Since we avoided the DUI conviction in Alameda County we also avoided the mandatory Ignition Interlock Device ("IID") requirement that comes with all DUI convictions in Oakland. At the end of the day, we saved the client thousands of dollars, a hefty punishment and avoided the risk that he would be deported back to Nepal. All in a days work!

Alameda County Oakland DUI.18% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL

Description: Client was a young man in his early 20's who was stopped by CHP for speeding with two passengers in his vehicle. He was determined to be under the influence of alcohol and arrested for DUI with a breath test of .18% BAC. Today, I helped client resolve this DUI which was enhanced by his elevated BAC for a minimum sentence of three years informal court probation, fine of $1,933, a three month DUI School, one day of SWAP in lieu of jail and a license suspension of thirty days followed by five months of restriction with an Ignition Interlock Device ("IID"). The District Attorney dismissed the high BAC enhancement.

Alameda County Oakland DUI .11% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Today, I settled a case for a client who was arrested for DUI by the Alameda Police Department after allegedly "rolling" a stop sign. Alameda Police didn't have a PAS device for a breath test and client elected a blood test which ultimately came in at .11% BAC. This was a first offense DUI and client had no prior convictions of any kind, yet, at a .11% BAC by BLOOD test, his fate was very much in doubt. In the end, I succeeded in getting the District Attorney to dismiss the DUI charges in exchange for a plea to a lesser misdemeanor offense of reckless driving pursuant to California Vehicle Code Section 23103.5 ("Wet Reckless"). Client received a significant reduction and was sentenced to two years of informal court probation, fine of $1,033, 3 Month DUI School and NO JAIL OR SWAP. Critically, the dismissal of the DUI meant that client would NOT be required to have a mandatory Ignition Interlock Device ("IID") as all Alameda County first offense DUI convicts are required to do. Client's license was suspended for thirty days followed by five months of restricted driving. 

Alameda County Oakland DUI .24% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL

Description: Client was a twenty something recent college graduate with immediate hopes of attending law school when she had too much to drink at a party and then tried to drive home. Confused after trying to enter the carpool entrance of the Bay Bridge, she immediately drew the attention of the CHP who had been looking for just such a violation. The DUI investigation was hurried and the client raced to Santa Rita Jail for a breath test. Just before arriving at the station, client got sick and threw up in the CHP patrol vehicle in what ended up being minutes before her breath test which came in at .24% BAC. Client charged with enhanced DUI, but since she vomited within what should have been a 15 minute observation before the breath test, I was able to convince the District Attorney to dismiss the high BAC enhancement for a minimum sentence of: three years court probation, fine of $216, 162 hours of community service & THREE MONTH DUI SCHOOL. This almost always a 9 month DUI school case, but we beat it and saved the client six additional months of DUI school, $1,200 and an extra license suspension. Ultimately, DMV suspended her license for thirty days and allowed her to get a "restricted" license for five months as long as she enrolled in the DUI school, installed an ignition interlock device ("IID") and filed an SR22. 

Alameda County Oakland DUI .14% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client was stopped as he drove home from dinner by a Berkeley Police Department "DUI Checkpoint." He blew into a PAS device with results of .13% and a later blood test came in at .14% BAC. District Attorney charged DUI and wouldn't offer anything less. I disagreed and we fought this case long and hard and finally settled it today for a dismissal of the DUI and reduction of charges to Reckless Driving. Client was sentenced to three years of informal court probation, fine of $1,933, three month DUI school and one day of SWAP in lieu of actual jail. We appeared nearly ten times on this case contending that a DUI checkpoint is a GOVERNMENT ROADBLOCK and could not be squared with our Fourth Amendment protection from unreasonable government search and seizure, UNLESS IT MEETS GUIDELINES, which make sure it's done OBJECTIVELY and at least under some type of supervision and plan. The DA's office only produced one document to justify this checkpoint and faced with a Motion to Suppress Evidence and a trial date, they finally relented.

Alameda County Oakland DUI .11% BAC First Offense DUI Collision

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client made a mistake and decided to drive home after drinking. On the way, he lost control of the vehicle and was involved in a property damage only collision. The CHP investigated and although client's PAS test came in a .08% BAC, his later blood test came back a .11% BAC. I retested the blood sample and the retest returned a result of .08% BAC. I then used this variance in values as a basis for negotiating a reduction from DUI to reckless driving. Client received a reduced sentence of two years court probation, a 12 hour DUI school and fine of $1,033. In addition to the reduction, the District Attorney and judge agreed to a directed verdict in court which ultimately controlled the DMV.

Oakland DMV Hearing .09% BAC First Offense DUI

Outcome: DMV "SET ASIDE" NO LICENSE SUSPENSION; NO SR-22

Description: Client was arrested for DUI after being stopped by the CHP for driving too slow. While the PAS test came in at .09% BAC and he was arrested, his subsequent blood test result came back at .08% BAC. The District Attorney filed DUI charges, but I requested a retest of the blood sample which then came back at .07% BAC. After then convincing the District Attorney to DISMISS THE CRIMINAL CASE, I still had to deal with the DMV Administrative Per Se ("APS") case. Today, I finished that hearing with the help of a forensic toxicologist and WE WON THE HEARING. the DMV "set aside" prevented client from losing his license and saved him $1,000's for the SR-22 and attendance in DUI school.

Alameda County Oakland DUI .25% BAC First Offense DUI Felony Child Endangerment Collision High BAC Enhancement

Outcome: MISDEMEANOR & CHILD ENDANGERMENT & ENHANCEMENT DISMISSED

Description: The Child Endangerment DUI is the toughest DUI case short of a serious injury or fatality. This case was no exception. Client was in her mid 30's and employed as a teacher. She had been suffering from an eating disorder which we believe may have affected the accuracy of her breath tests. Nevertheless, she was detained after she barely sideswiped a parked car (causing little damage). When police arrived, they found her eight year old in the back seat and immediately arrested her for DUI and felony child endangerment. In court, we were able to get the case reduced to a misdemeanor and ultimately settled the case today for a STANDARD first offense DUI, well sort of. The child endangerment charge was dismissed along with the special enhancement that her BAC was in excess of .15%. Client received three years of informal court probation, fines of $1,963, a 9 month DUI school and 8 days of Sheriff Work Alternative Program ("SWAP") in lieu of actual jail. The DA kept a Protective Order in place so that she could not "harm or harass" the child. Since the Order itself had the potential of termination from employment, I had to add the case back to calendar one week later to get it lifted. In the end, her license was suspended for thirty days and restricted for 10 months with installation of a Ignition Interlock Device ("IID"), basically a breathalyzer for the car.

Alameda County Oakland DUI .21% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED: THREE MONTH DUI SCHOOL

Description: Client was a younger person who made the mistake of driving home after going to clubs in San Francisco and having way too much to drink. Stopped by the CHP just after the Bay Bridge for speeding, Client submitted to a blood test which came in a .21% BAC. Although the DUI was bad enough, California law says that a person with a BAC in excess of .20% should ALWAYS be ordered to do a NINE MONTH DUI School instead of the standard THREE MONTH School. Today, I settled this DUI case for a dismissal of the special enhancement and minimum sentence terms of three years informal court probation, fine of $1,964, a three month DUI school and only one day of SWAP in lieu of jail. This was a nice result because I was able to save the Client six months of DUI school, five months of additional license suspension/restriction with DMV and thousands of dollars. 

Alameda County Oakland DUI .08% BAC First Offense DUI

Outcome:  DUI CASE DISMISSED

Description: Client was either the luckiest or unluckiest person depending on how you look at it. He was arrested for DUI by the CHP after being stopped by the CHP for speeding. Two breath tests and a blood test all came in at .08% BAC and the district attorney filed a complaint against him. After a retest of the blood sample which came back a .07% BAC. Faced with this evidence, the district attorney did the right thing and dismissed all charges.

Alameda County Oakland DUI .17% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED. Probation Granted, 3 years, 3 month DUI school & 1 day SWAP

Description: Client was another recent college graduate who learned the hard way not to drive after drinking. Client stopped by the CHP on Interstate 80 for "weaving" after four in the morning and submitted to breath test which yielded a .17% BAC, more than twice the legal limit. Client subsequently charged with DUI and excessive BAC enhancement (greater than .15%). Not a lot to do here, but today we successfully mitigated the punishment by getting the enhancement dismissed and receiving the following minimal sentence of three years informal court probation, fine of $1,964, three month DUI school, and one day of SWAP in lieu of actual jail. Client's license suspended per conviction for thirty days and restricted for five months with filing of SR22 and installation of IID.

Alameda County Oakland DUI .12% First Offense DUI

Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving

Description: Client was a recent college graduate who was working two jobs and trying to figure out what to do now that her education was over. She had no criminal history, but on this occasion, went out in the City and had a few drinks before deciding that she was ok to drive back to the East Bay. On the way home, though, the CHP pulled her over for making "numerous lane changes" and speeding. After their investigation, a breath test revealed a .12% BAC and she was arrested and charged with DUI. Alameda County is part of the "pilot program" for the ignition interlock device ("IID") in California so anyone who is convicted of DUI in that county must have that device installed in their vehicle to reinstate their license. Besides the inconvenience, the IID is also costly. Thankfully, I was able to settle this case today for a good young person who made a mistake. In the end, the DUI charges were dismissed and we resolved the case for a conviction for reckless driving. Client received reduced sentence of two years informal court probation, fine of $1,023 and a three month DUI school. Client will likely lose her license for thirty days followed by a restricted license for five months. The Mandatory IID requirement is in my opinion, an example of taking a sledgehammer to thumbtack and I'm glad to have circumvented such a narrow minded piece of legislative overreach.

Alameda County Oakland DUI .09% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED. NO CRIMINAL PENALTY

Description: Client was a younger female who stopped off of I 880 after she tried to make a last minute turn for an exit and shredded her tires out. CHIP arrived shortly thereafter and she submitted to a series of breath tests ranting from .08% BAC to .11% BAC. Although she was arrested for DUI, I was able to convince the District Attorney to DISMISS ALL CRIMINAL CHARGES. However, the DMV was not so generous. She ended up losing her license administratively for four months. After four months, she can get her full license reinstated with an SR22. Since she was leaving the country anyway, it really worked out and I'm certain that although she received no punishment, that she learned a valuable lesson and won't be a repeat customer.

Alameda County Oakland DUI .21% BAC Second Offense DUI Collision High BAC Enhancement

Outcome: First OFFENSE DUI SETTLEMENT & ENHANCEMENT DISMISSED

Description: Again, it's not always what you know but who you know. I had the difficult task of trying to resolve this case for a client who was leaving the very next day to move out of state. I've said before that I love my job, I think it's these daily challenges that fuel that fire. Client had been arrested by the Berkeley Police Department after an air bag deployed vehicle collision. A breath test of ..21% BAC was hurdle enough, but client had also recently suffered a DUI conviction out of state. In a true "Friday" deal, I negotiated a settlement for dismissal of the high BAC enhancement, three years informal court probation, a DUI school (3 month) only if she returns to California (so de facto no school at all) and we even stipulated as to credit for time served so the client simply paid the fine of $1,963 in court and the entire case was resolved without any jail or community service.

The southernmost courthouse in Alameda County that handles DUI cases is the Fremont Courthouse located at  39439 Paseo Padre Parkway in Fremont, California. The Superior Court of California has jurisdiction over infraction, misdemeanor, and felony cases that occur within the county where the superior court is located. The Criminal Division is that part of the Court's Clerk's Office where a complaint is filed by the prosecuting agency, including but not limited to the Alameda County District Attorney. Departments 601-608 handle criminal cases in this location and there is ample free parking in the large parking lot at the courthouse.  The Criminal Division Clerks Office at this location is open Monday thru Friday from 8:30 a.m. to 3 p.m.  Their telephone number is (510) 818-7500.

Like all driving under the influence arrests, Fremont DUI arrests involve two distinct cases: a criminal case and an Administrative Per Se or "APS" case or "DMV Case" which is handled at the Department of Motor Vehicles, DMV Driver's Safety Office at 7677 Oakport Street in Oakland.  A DMV hearing must be requested within ten days of service of the Temporary License, which is typically on the date of arrest.  The Temporary License is usually a pink colored carbon copy type of document and is served on the arrestee at the time of release from jail along with a citation or notice to appear in court.  If the DMV hearing is not requested within 10 days, a request can still be made, however the individual is likely to be denied a hearing and a stay of suspension which means that their Temporary License will expire thirty days from the date of arrest.

Although Fremont deputy district attorney's have a lot of authority to settle DUI cases reasonably, Fremont tends to take a stricter stance on DUI cases than other Alameda County locations, particularly Oakland.  Nevertheless, there are still strategies in Fremont Court that can have a direct impact on the DMV which can avoid a drivers license suspension, even in aggravated cases.  Moreover, Fremont district attorneys are also understanding of the potential of immigration and professional license consequences and are open minded about case resolution.  Fremont DUI cases tend to take a long time to actually file the DUI charges, but once filed, these cases usually settle on the first or second Pretrial Conference.  

If you are someone you know has been arrested for DUI, an experienced Alameda County DUI attorney is a must.  Fremont DUI lawyer Nors Davidson knows how to help to make sure that your punishments are minimized, your case is dismissed or even how to present the best trial defenses.   

RECENT FREMONT DUI CASE RESULTS

Outcome ENHANCEMENTS DISMISSED, Three Years DUI Probation, $1919 Fine, 3 Month DUI School and 3 days SWAP in lieu of Jail.

Description  Client had a collision in a parking structure of which he was unaware. The Fremont Police were called and found client in his home and arrested him for hit and run and DUI. Client submitted to a blood test which returned a result of .19% BAC and positive for drugs. Today, we settled client's case for ENHANCEMENTS DISMISSED: Probation Granted, 3 years, $1919 Fine, 3 Month DUI School and 3 days SWAP in lieu of Jail.

Alameda County Fremont DUI .12% BAC First Offense DUI

Outcome: Probation Granted: 3yr Probation; $2044 Fine; 3 Month DUI School & 1 Day SWAP

Description: Client was stopped on I-880 by the California Highway Patrol for drifting over the lane markings. A DUI investigation ensued and client blew .11% and .12% BAC as registered on the Preliminary Alcohol Screen ("PAS"). Client was then arrested and later submitted to two more breath tests both with a result of .12% BAC. Today, I appeared with client at his Pre-Trial Conference and did my very best to get the District Attorney to dismiss the DUI in lieu of a lesser charge. The DA said she needed more time to consider it and although we waited dutifully through the morning calendar, she nonetheless refused to do so. I was disappointed, but I took solace in the fact that many DUI attorneys would not have even asked and certainly wouldn't have waited as I did to try to get my client the best result. In the end, the case was settled for a misdemeanor plea to Driving with a BAC in excess of .08%. Client was sentenced to three years informal probation, must pay a fine of $2,044, complete a 3 Month DUI School and serve one (1) day on the weekend work crew in lieu of actual jail time. Client's license suspended for 30 days and restricted to work related driving for five months.

Alameda County Fremont DUI .14% BAC First Offense DUI

Outcome: DUI CHARGES REDUCED TO RECKLESS DRIVING

Description: Client stopped for weaving by CHP and submitted to two breath tests of .13% and .14% BAC and arrested and charged with DUI. Settled case today for dismissal of DUI charges and reduction to reckless driving which successfully avoided the mandatory IID.

Alameda County Fremont DUI .14% BAC First Offense DUI

Outcome: DISMISSAL OF DUI CHARGES, Case Reduced to Reckless Driving: 3 Years Probation, $2054 Fine & 3 Month DUI School, NO SWAP.

Description: Client arrested for DUI by Pleasanton Police Department and submitted to blood test with result of .14% BAC. Settled Case today for DISMISSAL OF DUI CHARGES, Case Reduced to Reckless Driving: 3 Years Probation, $2054 Fine & 3 Month DUI School, NO SWAP.

Alameda County Fremont DUI .20% BAC First Offense DUI High BAC Enhancement

Outcome: Probation Granted: 3 Years, Fine $2044, 6 Month DUI School and 4 Days of SWAP

Description: Client arrested by CHP for DUI after being observed weaving and submitted to blood test of .20% BAC. After an unsuccessful motion to suppress evidence, we settled the case today for Probation Granted: 3 Years, Fine $2044, 6 Month DUI School and 4 Days of SWAP.

Alameda County Fremont DUI .14% BAC First Offense DUI

Outcome: Probation Granted: 3 Years, $2044 Fine, 3 Month DUI School & 3 Days SWAP

Description: Client arrested for DUI after CHP observed him fail to yield for a construction zone. Client submitted to PAS with .12% BAC and a later blood test returned a result of .14% BAC. Settled case today for 3 years probation, $2044 fine, 3 month DUI school and 3 days of SWAP in lieu of jail.

Alameda County Fremont DUI .12% BAC First Offense DUI

Outcome: Probation Granted: 3 Years, 3 Month DUI School, 1 day SWAP

Description: Client arrested by CHP and submitted to two breath tests of .12% BAC. Case settled today for 3 years probation, fine of $2044, 3 month DUI School and 1 day SWAP. Client's license suspended for 30 days and restricted for five months.

Alameda County Fremont DUI .14% BAC First Offense DUI

Outcome: Probation Granted: 3 Years, Fine $2,044, 3 Month DUI School & 1 Day SWAP

Description:: Client arrested by CHP and submitted to two breath tests of .14% BAC. Case settled today for 3 years probation, fine of $2044, 3 month DUI School and 1 day SWAP. Client's license suspended for 30 days and restricted for five months. 

Alameda County Fremont DUI .13% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client stopped by CHP for weaving. PAS test came in a .11% BAC and later breath test at .13% BAC. Settled case today for "reckless driving" thus avoiding the mandatory "IID"

Alameda County Fremont DUI .21% BAC First Offense DUI Speed Enhancement and  High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL

Description: Client stopped by CHP for speed in excess of 110 MPH. PAS test comes in at .17% and .16% BAC, but later blood test a .21% BAC. We retested blood which came back at .18% BAC.

Alameda County Fremont DUI .12% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client arrested for DUI by CHP after being stopped for excessive speed (92 mph). No PAS test, but blood test came in at .12% BAC with a .11% BAC retest result. DUI dismissed for Reckless Driving with 20 hours of community service and 3 month DUI school. No IID and fine reduced by over $1,000.

Alameda County Fremont DUI .09% BAC First Offense DUI

Outcome:  DUI CASE DISMISSED

Description: Client stopped by CHP for speeding, submitted to breath test. DA would dismiss case due to the low BAC and good field sobriety tests.

Alameda County Fremont DUI .13% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Well, this one wasn't easy, but I guess that what made it so much sweeter. Client was visiting the Bay Area from Los Angeles when he was pulled over for speeding, 80 mph in a 65 mph zone. Client was cooperative with the CHP, but his PAS breath test came in a .12% and .13%. Arrested for DUI, client opted for a blood test which unfortunately came back a .13% BAC. Fremont, of course, is in Alameda County, and Alameda County is the one place in the Bay Area where if you are convicted of DUI in court, you will be required to have an Ignition Interlock Device or "IID" breathalyzer installed in your car for AT LEAST five months. Client couldn't accept this resolution and even worse, a .13% BAC case in Fremont is almost always a DUI conviction. Well...almost always. Today, I had to pull out all the stops to convince a most thoughtful District Attorney to relent and dismiss the DUI charges in exchange for a settlement on Reckless Driving. As a result, the client successfully avoided the mandatory IID requirement and received the following sentence of three years court probation, fine of $1,974, a three month DUI School (in Los Angeles) and only one day of community service through the sheriff's work alternative program or "SWAP". Client will still likely lose his license for at least thirty days followed by a work driving restriction for five months.

Alameda County Fremont DUI .16% BAC First Offense DUI High BAC Enhancement

Outcome: DUI Charges Dismissed: Case Settled for Reckless Driving

Description: This case involved a registered nurse who went out with friends and unusual for him, drank a lot of alcohol and attempted to drive home to Fremont. While driving home, client was stopped by the CHP for driving erratically. Client performed poorly on field sobriety tests and was ultimately arrested for DUI. After his arrest, client submitted to a breath test which showed a BAC of .16%. I initially appeared for client's arraignment, but the DA had yet to file charges, which is pretty common in Fremont these days. After several months, the client lost his license by way of the DMV hearing which occurred well before the criminal case. Client enrolled in the DUI School to get his restricted license and nearly completed it along with over sixty AA meetings before the District Attorney finally got around to charging his case. As a registered nurse and the sole breadwinner for his family, it was critical that we minimize the impact of this DUI case which he was going to have to report to the Board of Registered Nursing ("BRN"). Although things looked bleak initially, I took the extra time at the Pre-Trial Conference to ask the District Attorney every which way I could to reduce the offense. Finally, the District Attorney relented and agreed to dismiss the DUI charges for a plea to reckless driving ("wet reckless"). The DUI charges and enhancement were dismissed and the client enthusiastically accepted the offer which included the following sentence of three years informal court probation, a fine of approximately $2,000, a three month DUI School, and one day of SWAP (community service) in lieu of actual jail time. Since the case was reduced, client was NOT required to install an ignition interlock device ("IID") as is required for all DUI convictions in Alameda County. Honestly, I was even surprised by the result in this case, but in the end it proved the point that I've always made which is that you can't get anything unless you ask for it! Client's license was suspended for thirty days and subsequently restricted for work purposes for five months.

Alameda County Fremont DUI .12% BAC First Offense DUI Speed Enhancement

Outcome: DUI Charges & Enhancement Dismissed: Case Settled for Reckless Driving

Description: This was a tough morning in Fremont as the DA almost immediately jumped on me making the prospect of settling my two DUI cases very thin. Nevertheless, I stayed calm and continued smiling which resulted in two very positive settlements. This client was charged with his first DUI, however, it was complicated by the fact that he was stopped by the CHP for traveling in excess of 100 MPH. Considering that his blood test came in at .12% (which is just over the Alameda guideline for a reduction), we weren't expecting the case to resolve here at the first Pre-Trial Conference. In spite of the DA's initial outrage, she ultimately came around and we settled this case for a reduction to reckless driving for three years of informal court probation, a 12 hour DUI school and a reduced fine of around $1,000. Client didn't have to complete any jail, SWAP or community service and most importantly, wasn't required to have an Ignition Interlock Device "IID" installed as it required for all persons convicted of DUI in Alameda County. Client accepted four month suspension of his California driver's license, but was nonetheless quite grateful to have the DUI charge dismissed and his sentence greatly reduced.

Alameda County Fremont DUI .14% BAC First Offense DUI Collision

Outcome: DUI MINIMIZED: 3 yr Probation, $1,933, 3 Month School, 1 Day SWAP

Description: Client was a professional who attended a social function where he drank alcohol and then made the mistake of thinking he was OK to drive home. Late at night, he was tired and fell asleep and drifted into a a pole causing a property damage only collision. I appeared with client for two Pre-Trial Conferences in the case, after we decided to reject the DA's initial settlement offer which included over 12 days of jail or SWAP. Today, we resolved the case for minimum sentence of three years of informal probation, fine of $1,933, three month DUI school, and only ONE day of SWAP in lieu of jail. Client's license was suspended for one month followed by five months of driving with an Ignition Interlock Device ("IID"). The IID was not a condition from the court, but rather a requirement of all DUI offenders from Alameda County.

Alameda County Fremont DUI .13% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: Again, client was a forty something professional who attended a rock concert at Shoreline and drove home. Although he didn't drink much at the show, he did make the bad decision to take "one for the road" and was stopped by the California Highway Patrol for speeding 84 mph in a 65 mph zone. Preliminary breath tests revealed a .09% BAC, but a subsequent blood test came back a whopping .13% BAC, which was problematic considering that all individuals convicted of DUI in Alameda County are required to install an ignition interlock device "IID" in order to reinstate their license. The district attorney and court were surprisingly understanding, however, and by working within the system, I was able to negotiate a favorable result for the client. The district attorney agreed to dismiss the DUI charges and client accepted a plea to reckless driving for a greatly reduced sentence of three years informal court probation, fine of $970 and a three month DUI school. Client was happy not to get any community service, jail or SWAP, but even more grateful that an IID will not be required. This conviction did not suspend client's license, but he'll likely suffer a thirty day administrative suspension with five months of restriction with filing of SR22.

Alameda County Fremont  DUI .09% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO "DRY" RECKLESS

Description: Today I settled a first offense DUI where my client submitted to two breath tests of .09% with a preliminary breath test of .10% BAC. Client rejected pre-trial "wet" reckless offer and we set the case for jury trial. I pushed the DA hard for full discovery compliance and he eventually caved on the day of trial for a "dry" reckless offer which my client accepted. Client received short, 18 month, probation and fine of approximately $500. NO DUI SCHOOL ORDERED, NO SWAP AND NO JAIL. Unfortunately, Client's DMV hearing was handled by another attorney who lost which resulted in a one month suspension and five month restriction of client's license.

The East County Hall of Justice  in Alameda County is located at 5151 Gleason Drive in Dublin, California. This court has jurisdiction over infraction, misdemeanor, and felony cases that occur within the county where the superior court is located. The Criminal Division is that part of the Court's Clerk's Office where a complaint is filed by the prosecuting agency, including but not limited to the Alameda County District Attorney. Departments 701-713 handle criminal cases in this location and there is free parking in the large parking lot at the courthouse.  The Criminal Division Clerks Office at this location is open Monday thru Friday from 8:30 a.m. to 3 p.m.  Their telephone number is (925) 227-6700.

Fremont DUI arrests involve two distinct cases: a criminal case and an Administrative Per Se or "APS" case or "DMV Case" which is handled at the Department of Motor Vehicles, DMV Driver's Safety Office at 7677 Oakport Street in Oakland.  A DMV hearing must be requested within ten days of service of the Temporary License, which is typically on the date of arrest.  The Temporary License is usually a pink colored carbon copy type of document and is served on the arrestee at the time of release from jail along with a citation or notice to appear in court.  If the DMV hearing is not requested within 10 days, a request can still be made, however the individual is likely to be denied a hearing and a stay of suspension which means that their Temporary License will expire thirty days from the date of arrest.

Dublin deputy district attorney's have a lot of authority to settle DUI cases reasonably, but Dublin is more conservative toward DUI cases than other Alameda County locations, particularly Oakland.  Nevertheless, there are still strategies in Dublin Court that can have a direct impact on the DMV which can avoid a drivers license suspension, even in aggravated cases.  Moreover, Dublin district attorneys are also understanding of the potential of immigration and professional license consequences and are open minded about case resolution.  Dublin DUI cases tend to take a long time to actually file the DUI charges, but once filed, these cases usually settle on the first or second Pretrial Conference.  

If you are someone you know has been arrested for DUI, an experienced Alameda County DUI attorney is a must.  Dublin DUI lawyer Nors Davidson knows how to help to make sure that your punishments are minimized, your case is dismissed or even how to present the best trial defenses.   

RECENT DUBLIN DUI CASE RESULTS

Alameda County Dublin DUI .10% BAC Second Offense DUI

Outcome DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING: 1 Year DUI Probation, $833 FINE; and 12 Hour DUI School

Description Client was stopped by the California Highway Patrol ("CHP") after he was observed weaving and driving erratically on I-880. Client performed poorly on field sobriety tests and submitted to two PAS breath tests with results of .12% and .11%. Client was then arrested for DUI and later submitted to a blood test with result of .10% BAC. Today, we successfully resolved clients case for a reduction to "reckless driving" and no admission of his prior offense. Client sentenced to one year of probation, fine of $833 and a 12 hour DUI School.

Alameda County Dublin DUI .10% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $954 & 3 Month DUI School

Description: Client arrested for DUI by the CHP after he was observed weaving and swerving on Interstate 580 around 3 a.m. Client provided two breath samples on PAS device with results of .09% each. After arrest, Client submitted to blood test which came in higher at .10% BAC. After multiple discussions with the District Attorney, I was able to get the DUI charges dismissed for a plea to the lesser misdemeanor offense of Reckless Driving. Client, a working college student, received a highly reduced sentence of 3 years informal probation, fine of $954 and completion of a 3 month DUI First Offender DUI School. Client's license likely to be suspended by the DMV, however, for 30 days and restricted for 5 months once an SR 22 policy is filed with the DMV.

Alameda County Dublin DUI .13% BAC First Offense DUI

Outcome: ALL CHARGES DISMISSED

Description: Client arrested for DUI after being found sleeping in his car. Breath Test .13% BAC. Argued "no driving" and all DUI charges were dismissed.

Alameda County Dublin DUI .09% BAC First Offense DUI

Outcome: ALL CHARGES DISMISSED

Description: Client arrested by CHP for DUI after being observed speeding. PAS .09% and .07% BAC with later breath test of .08% and .09% BAC. ALL CHARGES DISMISSED.

DUI cases were once handled at the Alameda County courthouse located at 5672 Stoneridge Drive in Pleasanton, California.  Although the courthouse remains and hears mostly traffic infraction and civil matters.  Pleasanton DUI cases are now heard at the Dublin Courthouse located at 5151 Gleason Drive in Dublin, California.

If you are someone you know has been arrested for DUI, an experienced Alameda County DUI attorney is a must.  Pleasanton DUI lawyer Nors Davidson knows how to help to make sure that your punishments are minimized, your case is dismissed or even how to present the best trial defenses.   

PLEASANTON DUI CASE RESULTS

Alameda County Pleasanton DUI .10% BAC First Offense DUI Speed Enhancement

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client stopped by CHP for speeding, 85 MPH and weaving. PAS test comes in at .11% and .11% BAC, respectively. Client submits to BREATH test at station with two results of .10% and .10% BAC. DA charged client with Reckless Driving Speed Enhancement, which is really the worst since it carries a mandatory 60 day jail sentence. Settled case today for dismissal of DUI and enhancement for plea to reduced charge of Reckless Driving. Three years probation, reduced fine of $925, NO JAIL or SWAP. license suspension for 30 days with five month work restriction.

Alameda County Pleasanton DUI.21% BAC First Offense DUI High BAC Enhancement

Outcome: Enhancement Dismissed: 3 SWAP, 6 Month School, $1,964 fine

Description: Client stopped by Pleasanton Police Department after 911 report of reckless driving. PAS test of .21% BAC and breath tests of .20% and .21% BAC. Client accepted offer of three years probation, fine of $1,964, three actual days of SWAP and six month DUI School. Client's license suspended for 30 actual days and IID required for restricted license.

Alameda County Pleasanton DUI .14% BAC Second Offense DUI Collision

Outcome: Probation: 3 years; Fine $1,964; 3 month DUI School; and 2 SWAP

Description: Settled case as minimum sentence first offense DUI today. Client rear-ended vehicle, submitted to blood test of .14% BAC and was arrested for DUI by the Pleasanton Police Department.

Alameda County Pleasanton DUI .17% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL

Description: Client arrested by Dublin Police Department after he was observed weaving. PAS test of .14% BAC with Blood test of .17% BAC. Client sentenced to three years probation, fine of $1,964, three month DUI School and two days of SWAP in lieu of jail. License suspended for thirty actual days with five months restriction with SR22 and IID.

Alameda County Pleasanton DUI .12% BAC First Offense DUI Child Endangerment

Outcome: Probation Granted, 3 yrs, Fine $1,800 & 3 Month DUI School; NO SWAP

Description: Client arrested for DUI by Pleasanton Police after being dropping off children at school.  Blood test .12% BAC and client charged with child endangerment which would later be dismissed. 

Alameda County Pleasanton DUI .21% BAC First Offense Collision FELONY Child Endangerment

Outcome: Child Endangerment & High BAC Enhancement Dismissed

Description: Client received three years informal court probation, fine of $1,973, 9 Month DUI School and 10 days of SWAP with a one year ignition interlock device requirement and 10 parenting classes. Considering case started as felony child endangerment and that all charges related to potential child abuse were dismissed, this was an excellent negotiated result in Department 704.

Alameda County Pleasanton DUI .16% BAC First Offense DUI High BAC Enhancement

Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 3 Years Probation, 14 Days SWAP, 3 Month DUI School and $1,973 Fine

Description: Client initially hired another DUI attorney who failed at getting a reckless driving reduction. I took over the case and did it within a month.

Alameda County Pleasanton DUI .10% BAC First Offense DUI

Outcome: DUI DISMISSED for RECKLESS DRIVING & NO LICENSE SUSPENSION, NO SR-22

Description: This case had so many wrinkles that I think I could write about several different tactics for the best DUI case resolution. Nevertheless, this case involved a DUI arrest by the Pleasanton Police Department of my fifty-something year old client, and mother. The situation was an unusual one in which client went to dinner with husband and a double date when the couples were separated. Blocks away from the restaurant, one of the men has physical complications that required an ambulance to be called. Thinking it an emergency, Client drove from the restaurant the few blocks to where the paramedics were treating her dinner companion. After he was determined to be OK, client was subsequently investigated and arrested for DUI by the Pleasanton Police Department. Client refused the PAS test, but performed OK on field sobriety tests. After arrest, Client submitted to two breath tests of .09% and .10% BAC. Although Client was charged with a DUI, I was able to get the District Attorney to agree to dismiss the DUI charges in exchange for a plea to lesser offense of Reckless Driving. This was OK, however, this client's number one concern was the ability to drive, being a working mom. Although we could have accepted this offer at the first Pre-Trial Conference, I felt that we could do better so we continued the case for a further Pre-Trial Conference, all the while keeping the DMV Administrative Per Se case alive so client could continue to drive on her DMV Temporary License. The decision to continue the case ended to be a critical one. At the next Pre-Trial Conference we were received by a different District Attorney, who I seem to remember from USF Law School, who agreed to a Helmandollar resolution. You see, pursuant to Helmandollar v. DMV, 7 Cal.App.4th 52, the court or judge can acquit a licensee on the Driving with a BAC in Excess of .08% charge (Vehicle Code Section 23152(b). It was no easy task getting the judge to agree to do this, but we did. As a result, the District Attorney reduced the DUI charge to Reckless Driving, for a sentence of three years informal court probation, fine of $925, and a 12 hour DUI school. This result saved client thousands of dollars and countless hours of DUI school and most importantly DID NOT RESULT IN LICENSE SUSPENSION. We then held a bench trial on the Driving with BAC in excess of .08% charge and the judge found the client NOT GUILTY. I happened to have a court order on hand for the judge to sign and obtained a certification from the court clerk. Once DMV Sacramento processes the order, clients' DMV case will be SET ASIDE, meaning that she will suffer NO LICENSE SUSPENSION and will NOT NEED SR-22. Indeed, Client suffered as a result of this DUI arrest and will learn a lot through the punishment handed out in this sentence.

Alameda County Pleasanton Petition for Early Termination of DUI Probation & Expungement

Outcome: PETITION GRANTED & DUI CONVICTION DISMISSED

Description: Client was a former client who I represented for a high BAC second offense DUI in Pleasanton about three years ago. He was represented by a different attorney for his first offense DUI in San Francisco some five years ago. He was sentenced to five years of court probation on his second offense DUI and now three years later, he'd completely changed. Older and wiser, client completed the 18 month DUI School and suffered a three year Ignition Interlock Device. Now in his 30's, client had subsequently purchased a home and was a much more responsible adult with the passage of time and the lessons learned from his probation. Nevertheless, his employment circumstances had also changed and he now found himself looking for work and facing the dreaded application question, "have you ever been convicted of a misdemeanor." Since he'd completed a substantial portion of his probation successfully and he had a need for being released from probation early so we could expunge the conviction, we filed a petition for early termination of probation. I expected the petition to be granted, but on the day the District Attorney objected to the petition and the visiting judge grilled me on the matter. Hopes then fully dashed, the judge most surprisingly GRANTED THE PETITION. The right lawyer can indeed make a difference!

Alameda County Pleasanton DUI .28% BAC First Offense DUI High BAC Enhancement

Outcome: Enhancement Dismissed: 3 yrs Probation, $1,900 Fine, 9 Month DUI School, 2 SWAP

Description: It was perhaps a good thing that the CHP stopped this client just outside of Pleasanton for weaving around 4 in the morning as he fully intended to drive to Los Angeles. A later blood test returned a result of .28% BAC thus qualifying him for an excessive BAC enhancement. After several pre-trial hearings, I finally settled the case for this out of area defendant who received the minimum sentence of three years informal court probation, fine of $1,900, 9 month DUI School, one year of IID and two days of SWAP in lieu of actual jail. The enhancement was dismissed and client's license will be suspended for thirty days with nine months of restriction.

Alameda County Pleasanton DUI .10% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED: NO LICENSE SUSPENSION, $$$ SAVED

Description: This was a highly rewarding result on many levels. First of all, client was a good hard working guy with no criminal history whatsoever who thought he was ok to drive home after drinking with dinner. On his way home, he was cut off by an over aggressive driver causing his to slam on his brakes. Of course, the California Highway Patrol pulled over my client and his wife who was also in the car. Although he performed excellent of the Field Sobriety Tests ("FSTS"), the truth is that these young CHP officers frankly use these tests just to build evidence, not to fairly evaluate intoxication. The breath tests, though, came in at .09% and .07% BAC and then the blood ultimately .10% BAC. Client was honest and told CHP he recently consumed alcohol which gave us a likely "rising BAC" defense. Anyway, with the case in Pleasanton, which has a history of being the strictest court in Alameda County, it seemed likely that the client would indeed be convicted of a DUI or at least reckless driving. Today, I surprised myself in negotiating with a surprisingly fair and friendly Deputy District Attorney for a DISMISSAL OF ALL DUI CHARGES, for plea to misdemeanor reckless driving with three years probation, fine of $915 and a 12 hour DUI school. DA agreed to hold bench trial on the 23152(b) charge which resulted in an acquittal. Otherwise known as a Helmandollar Plea, this elusive result meant that client suffered NO LICENSE SUSPENSION, NO SR 22 REQUIREMENT, NO THREE MONTH DUI SCHOOL AND LASTLY NO IGNITION INTERLOCK DEVICE "IID". Today's deal will end up saving the client upward of $10,000.

Alameda County Pleasanton DUI .18% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED. Probation Granted, 2 SWAP

Description: Client, a practicing physician, was stopped by the Pleasanton Police Department for driving over a median. Subsequent blood test revealed a BAC of .18%. Client charged with DUI and enhancement for exceeding .15% BAC. Today, I successfully resolved the case for minimized sentence of three years informal court probation, fine of approximately $1,850, two days of SWAP in lieu of jail and a six month DUI school. The special enhancement was DISMISSED. I convinced the district attorney to consider any collateral consequences from the medical board in mitigation and if client is required to do anything additional, the DUI school will be reduced to three months. Client's license suspended by DMV for thirty days with eligibility for a restricted license with installation of an ignition interlock device, "IID."

Alameda County Pleasanton DUI .13% BAC First Offense DUI

Outcome: Probation, Fine, No Jail & THREE MONTH DUI SCHOOL.

Description: Client was stopped for lane straddling by the Alameda County Sheriff's Department. Client arrested for DUI and submitted to blood test which came back at .13% BAC. We settled case for minimum punishment: three years informal court probation, fine of $1,790, two days of SWAP in lieu of actual jail and a three month DUI school which the court allowed her to take in San Mateo County. I managed the DMV case well enough to run her administrative and mandatory suspensions concurrently. Client's license was suspended for six months per the DUI conviction. Although she would have been eligible for a restricted license after thirty days suspension, she chose to serve her full suspension so that an ignition interlock device would not be required.

Alameda County Pleasanton DUI .12% BAC First Offense DUI

Outcome: Probation Granted, $1,770 Fine, 3 Month DUI School, 2 SWAP

Description: Client stopped by the Dublin P.D. for rolling a red light and having a cracked tail light. I held out the case long enough for client to control his license situation for work and he eventually received the minimum sentence of three years informal court probation, fine of $1,770, three month DUI school and two days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months with installation of an ignition interlock device ("IID").

Alameda County Pleasanton DUI .17% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED. NO JAIL OR SWAP, 6 MONTH DUI SCHOOL

Description: Today I resolved a first offense DUI with a special enhancement for high blood alcohol due to her .17% BAC blood test in Pleasanton. Client was stopped for failing to obey a regulatory sign and arrested by CHP. A registered nurse, it was critical that I minimize the impact of this case for my client. Case settled for misdemeanor plea to Vehicle Code section 23152(b), driving with greater than .08% BAC. The special allegation for excessive BAC (<.15%) was dismissed. Client received minimum three year informal probation, fine of $1,770, six month DUI school and NO JAIL, SWAP or COMMUNITY SERVICE. License suspended for thirty days and restricted until completion of DUI school.

Alameda County Pleasanton DUI .12% BAC Second Offense DUI

Outcome: Probation Granted, $1,796 Fine, 18 Month School, NO ACTUAL JAIL

Description: Today I settled a second offense DUI in Department 704 for the minimum possible punishment. Client was stopped for running a red light and subsequently tested at a .12% BAC by blood analysis. Case settled for five years informal court probation, fine of $1,870, ignition interlock device ("IID") for one year, 18 month DUI school and ten days of SWAP in lieu of jail. License suspended for 90 days and restricted for 18 months.

Alameda County Pleasanton Driving on Suspended License CVC 14601.2

Outcome: DRIVING ON SUSPENDED LICENSE DISMISSED, CASE REDUCED

Description: 1/21/11: A former multiple DUI offender client was stopped by police in Pleasanton for excessive window tint. Client had been stopped for this previously and had allowed a citation on that matter to go to collections. Accordingly, his driver's license was suspended at the time of his driving and he was arrested for driving on a suspended license, Vehicle Code section 14601(a), a misdemeanor, and his car was impounded. I appeared on my client's behalf SEVERAL TIMES to request extensions of time to allow me to assist my client in getting the "hold" removed from his license and subsequently getting his driving privilege reinstated. After three Pre-Trial Hearings, Client was able to get his license back and his case was greatly reduced to a violation of Vehicle Code Section 12500 (driving without license in possession). Client received modest probation and a fine. 

Alameda County Pleasanton DUI  .25% BAC Second Offense DUI Collision High BAC Enhancement

Outcome: SPECIAL ALLEGATION STRICKEN & NO ACTUAL JAIL

Description: Today I settled a difficult case in Department 703 in Pleasanton before Judge Jacob Blea, III. Client stopped for driving without headlights and subsequently striking a curb. Client had suffered prior conviction for DUI out of San Francisco County in 2007 and just finished probation prior to this second offense. Negotiated settlement of case for NO JAIL, five years of informal probation, fine of $1,870, and twenty (20) days of SWAP (sheriff's work alternative program). Multiple Offender DUI school ordered (18 month) and client's license suspended per conviction for two years. Ignition Interlock Device ("IID") ordered for three years as result of conviction. Special enhancement for high BAC dismissed.

Alameda County Pleasanton DUI .10% BAC First Offense DUI

Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: In Pleasanton, case settled for reduced charge of reckless driving (wet). Client received a reduced sentence of two years of probation, fine of $865 and three month DUI school. NO JAIL OR SWAP. License suspended for thirty days and restricted for five months.

Alameda County Pleasanton DUI .10% BAC First Offense DUI

Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: Client arrested for DUI in the Pleasanton area of Alameda County, notorious for strict punishments in DUI cases. Case aggravated by allegation that Client was driving in excess of 85 MPH. Retested blood sample through my expert Ken Mark at Bay Area Forensic Lab and returned with a .09%. Definitely a tough reduction, but nevertheless settled the case today for a reduction to reckless driving (wet) for three years of probation, fine of $865 and three month DUI school. NO JAIL, SWAP OR COMMUNITY SERVICE. DMV hearing pending, but suspension likely due to drinking pattern. Nevertheless a great result in a tough courthouse.

Alameda County Pleasanton DUI .08% BAC First Offense DUI

Outcome: DUI REDUCED TO RECKLESS DRIVING, DMV SET ASIDE

Description: Pleasanton DUI Case Reduced to reckless driving (wet). All DUI charges dismissed before Judge Hugh Walker III. Client received three years of probation, no jail or SWAP, fine of $865 and 12 hour DUI school. No license suspension at this point.

Alameda County Pleasanton DUI .09% BAC First Offense DUI

Outcome: DUI Reduced to Reckless Driving, DMV SET ASIDE

Description: Alameda County, Pleasanton Courthouse .09%, .08% DUI Case. Criminal Case reduced to reckless driving for 2 years of probation, $865 fine and a 12 hour DUI school. Presented expert witness Halle Weingarten at DMV APS hearing and won "set aside" of license suspension. Client not required to submit SR-22 or complete any community service.

Alameda County Pleasanton .12% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED. Case Reduced to Reckless Driving

Description: Settled a .12% BAC blood test case in Pleasanton, which is the toughest courthouse in Alameda County. Challenged client's stop at a DUI checkpoint and used motion to leverage district attorney into favorable settlement. DUI charges were dismissed and client pled to reduced charge of reckless driving ("wet"). Client received reduced sentence of two years of probation, fine of $865, three days of SWAP and a three month DUI school. License suspended for thirty days and restricted for five months by the DMV.

Alameda County Pleasanton .09% BAC First Offense DUI

Outcome: DUI DISMISSED, CASE REDUCED, DMV HEARING WIN

Description:: Settled a first offense DUI in Pleasanton, which is a notoriously harsh branch of Alameda County, for a reduced charge of reckless driving pursuant to Vehicle Code section 23103.5, ("wet" reckless). Client received reduced sentence of three years of informal court probation, fine of $865 and 12 hour DUI school. Won DMV hearing on GERD defense (acid reflux).

Alameda County Pleasanton DUI .14% BAC First Offense DUI

Outcome: Case Minimized for NO JAIL, ONE SWAP

Description: In the notoriously tough Pleasanton, California, I settled this first offense driving under the influence case. Client stopped at DUI CHECKPOINT and DA's initial offer was for 4 days of SWAP. I responded by filing a Motion to Suppress Evidence which, on the day of hearing, leveraged the DA to settle the case for a reduced punishment: three years of probation, fines and fees, 3 month DUI school and only ONE DAY of SWAP. License suspended for 30 days and restricted for five months.

Alameda County Pleasanton DUI .13% BAC First Offense DUI

Outcome: Case Minimized, DMV Suspension Coordinated

Description:, I handled all aspects of client's Pleasanton DUI Case. Settled case for minimum sentence of three years of probation, fines and fees, 3 month DUI school and 2 days SWAP. Client, an elderly woman, was given "light duty" community service. DMV case properly coordinated with criminal case suspension resulting in 30 day actual suspension with five months of restriction.

Alameda County Pleasanton DUI .21% BAC First Offense DUI High BAC Enhancement

Outcome: Case Settled for Minimum Punishment

Description: In Alameda County Pleasanton, client settled for three years of probation, four days of SWAP in lieu of actual custody, fine of $1750 and nine month DUI school. License suspended for 30 days, restricted for 10 months. Although the four days of SWAP was a good result, I would have preferred to have the three month DUI school instead, but Pleasanton is notoriously harsh for a reason.

Alameda County has a courthouse in Hayward located at 25505 Amador Street.  DUI cases were once heard at this courthouse and as you can tell from my case results, I’ve also appeared here many times for DUI cases, However, DUI cases once handled here or ones that have been erroneously cited to appear at this location for arraignment, are now forwarded to either Oakland, Dublin or Pleasanton.

If you are someone you know has been arrested for DUI, an experienced Alameda County DUI attorney is a must.  Hayward DUI lawyer Nors Davidson knows how to help to make sure that your punishments are minimized, your case is dismissed or even how to present the best trial defenses.   

HAYWARD DUI CASE RESULTS

Alameda County Hayward DUI .14% BAC First Offense DUI

Outcome: DUI Charges DISMISSED. Case Resolved for Reckless Driving

Description: Client was stopped near Eden Canyon Road by the Dublin CHP for a welfare check since his vehicle was near the side of the road illegally parked. Officer made him submit to a PAS breath test with results of .11% and .11% BAC. Client was arrested for DUI and then opted for a blood test which came back .14% BAC. Client was in a bind since he couldn't take a DUI conviction which in Alameda County would have resulted in a mandatory ignition interlock device ("IID"). Gratefully, I was able to convince the DA to dismiss the DUI today in exchange for a plea to the lesser charge of reckless driving. Client sentenced to three years of court probation with a fine of $925, a three month DUI school and 50 hours of community service. A great result since without the DUI, client will not have to endure the stigma of the IID.

Alameda County Hayward DUI .23% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED: 3 Month DUI School and NO SWAP

Description: Client was stopped by the Castro Valley CHP for weaving and erratic speed. He submitted to two PAS breath tests of .23% and .21% BAC and was arrested for DUI. At the station, client again submitted to two breath tests with results of .20% and .19% BAC. Client was released when sober, but subsequently moved out of state before the criminal case could be resolved Today, I appeared on client's behalf and resolved the criminal case for a dismissal of the high BAC enhancement for minimum punishment of three years informal court probation, fine of $1,963 and three month DUI school which he will only need to complete if he moves back to California. Additionally, client required to complete 40 hours of community service in lieu of jail and his license was suspended for six months since he no longer lived here and thus could not get a "restricted' license.

Alameda County Hayward DUI .16% BAC First Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted: 3 years, $1,963 Fine, 20 hours Volunteer Work

Description: Property damage only collision for visiting out of state client. PAS and Blood both .16%. Vehicle totaled. No real DUI school needed.

Alameda County Hayward DUI .12% BAC First Offense DUI Hit and Run Collision

Outcome: DUI Dismissed & Case Reduced to Reckless Driving (NO IID!)

Description: The Hit and Run charges were also dismissed.

Alameda County Hayward DUI .23% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED: 3 MONTH DUI SCHOOL

Description: Client was really unlucky here. After being stopped by the CHP on I880 for failure to maintain her lane, client submitted to breath tests yielding a .19% BAC result. Client then invoked her right to a blood test to be preserved for future testing. The blood result came back a .23% BAC, thus qualifying her for the punishment horrors of a >.20% BAC case. Upon my suggestion, we retested the blood and got a result of .17% BAC. Ultimately, client settled the case at the second pre-trial conference for minimum sentence of three years informal court probation, fine of $1,933, 3 MONTH DUI SCHOOL, and community service instead of jail because she lived in Northern California. The DA was quite reasonable and client's license will be suspended for thirty days and restricted for five months with an Ignition Interlock Device ("IID")

Alameda County Hayward DUI .19% BAC First Offense DUI FELONY Evading High BAC Enhancement

Outcome: ENHANCEMENT AND EVASION CHARGES DISMISSED FOR MINIMUM SENTENCE

Description: Client was considerably drunk when the CHP observed his vehicle off the roadway and stuck in the mud. Client never saw the CHP and drove away causing the CHP to charge him with the additional more serious charge of evading a police officer. Complicating matters was that client's blood test came back a .19%, qualifying him for a special enhancement for high blood alcohol. Client was a contractor and his license was critical for work. We went to the first pre-trial conference and were basically stonewalled by an unreasonable and inexperienced district attorney. Unlike most lawyers who would have compelled the client to accept the offer or plead guilty, I continued the pre-trial to a new date and today we settled the case for a dismissal of the high BAC enhancement and the separate charge of evasion. Client received greatly reduced sentence thus saving him thousands of dollars. Client received three years of court probation, fine of $1,963, only a 3 month DUI school and nine days of community service (SWAP) in lieu of actual jail. Client suffered actual suspension of two weeks followed by a restricted license for five months with an SR22 and installation of an ignition interlock device ("IID") which is mandatory on all DUI convictions in Alameda County. Good result, but it didn't happen on the first day!

Alameda County Hayward DUI .12% BAC Third Offense DUI

Outcome: PRIOR STRICKEN & NO JAIL

Description: Client had two prior DUI convictions when he was arrested for his third offense by the CHP after being caught speeding on I-880. Later blood test returned a result of .12% BAC. DA charged client with DUI and two priors, however, one of the priors was a mistake and could not have been committed by client. Today, we skillfully settled the case after obtaining the DA's consent to dismiss one of the priors. Client went from looking at about six months in jail to receiving a modest sentence of three years informal court probation, fine of $1,914, 18 month DUI school and only nine days of SWAP in lieu of actual jail. NO JAIL TIME ON A THIRD OFFENSE IS REMARKABLE.

Alameda County Hayward DUI .11% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: Client was a professional in his early 20s who was stopped by the California Highway Patrol for a broken tail light and excessive window tint on I-880 near Hayward. Client ultimately arrested for his first DUI and a blood test returned a result of .11% BAC. While a .11% BAC is most of the time a DUI conviction, we were able to get the DUI charges dismissed this morning based on our retest of the blood sample which came back a .09% BAC. Accordingly, the client was convicted of the lesser charge of reckless driving which greatly reduced his sentence as in Alameda County all DUI convictions require the ignition interlock device ("IID"). Client received three years informal court probation, fine of $932 (down $1,000 from DUI), 12 hour DUI school (down from 3 month for DUI) and NO JAIL OR SWAP. Client's license likely to be suspended by DMV, but no suspension at this point from the conviction. Client learned a valuable lesson from this arrest and isn't "getting off," instead, I was able to negotiate an ending for both client and State which satisfied everyone.

Alameda County Hayward DUI .15% BAC First Offense DUI High BAC Enhancement

Outcome: Probation Granted: 3yr, $1963 Fine, 3m DUI School, 1d SWAP

Description: Client was a San Francisco professional who picked up his first DUI just after turning thirty. Client was stopped by the CHP for weaving and failure to maintain his lane on I-580. The DUI investigation that followed included a breath test reading of .15% BAC. Today, we tried our best for a reckless driving reduction but accepted the minimum offer for the DUI as the breath test numbers were just too high for the district attorney to make a reduction. Client received minimum sentence of three years informal court probation, fine of $1,963, three month DUI school and only one day of SWAP in lieu of actual jail. Unfortunately due to the DUI conviction in Alameda County, client will have to install an ignition interlock device ("IID") in his vehicle for five months before DMV will grant a restricted license.

Alameda County Hayward DUI .19% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, $1,943 Fine & 1 SWAP

Description: Client was a 20 something post college student who made the mistake along the way of driving after drinking. Stopped by the CHP after she was reported to have been weaving along I-880, her breath test came in at .19% BAC, which usually requires admission of the .15% BAC enhancement and the long DUI school. Therefore, it truly felt good to convince the district attorney to have mercy and give her the minimum sentence of three years court probation, fine of $1,943, THREE MONTH DUI SCHOOL, and only ONE DAY of community service via the SWAP program. Convicted of a DUI in Alameda County will require that she install an ignition interlock device in her car for five total months. I hope that she, like most all of my clients, understands the significance of her conduct and appreciates the reduced sentence which most attorneys wouldn't get in my opinion. So, it felt good to help.

Alameda County Hayward DUI .11% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client stopped by Hayward CHP for speeding 54 in a 40 mph zone. Client was a self employed construction worker and driving was critical for him to support his family. A later blood test came in at .11% BAC which was confirmed by my office in a retest which stuck on .11% BAC. As Alameda County requires the Ignition Interlock Device ("IID") for five months on a DUI conviction, it was critical that I get this case reduced to reckless driving which is not even a given on a .11%. Today, I developed a good rapport with the DA who was both friendly to me and fair in agreeing to dismiss the DUI for a reduction to misdemeanor reckless driving. Client saved thousands of dollars as a result including three years informal court probation, fine of $910 and a three month DUI school. NO SWAP, IID or JAIL. Clients license likely to be suspended for thirty days with eligibility for a restricted license thereafter with an SR22. Client was a grateful and gracious professional who, like all of my clients, showed respect to the court by wearing a suit and tie and bring a positive attitude about the reduction and accepting responsibility for his actions.

Alameda County Hayward DUI .13% BAC First Offense DUI FELONY Probation Violation

Outcome: PROBATION GRANTED & NO ACTUAL JAIL

Description: Client was on felony probation for armed robbery, but has since turned his life around by going to college and getting a good job. Unfortunately, four years into the five year probation, he got arrested by CHP for DUI after speeding down I-880 after a Warriors game. Client, who blew a .13% BAC, was facing remand to prison as a result of the case. Today, I successfully settled the DUI case for NO JAIL TIME. Client received three years informal court probation, fine of $1,850, three month DUI school and NO JAIL OR SWAP. Client's license suspended for thirty days and restricted for five months with installation of ignition interlock device ("IID").

Alameda County Hayward DUI .19% BAC First Offense DUI High BAC Enhancement

Outcome: Probation Granted, $1,810 Fine, 3 Month DUI School, 1 Day SWAP

Description: Client was stopped by CHP for speeding (87 mph in a 65 mph). Subsequent DUI investigation yielded a BAC of .19%. Client charged with DUI with high BAC enhancement. We successfully settled the case for minimum DUI punishment of three years informal probation, fine of $1,810, one day of SWAP and a THREE MONTH DUI SCHOOL. This was huge because Alameda County typically gives the six or nine month class for a BAC this high. Client opted to serve the full six month suspension in lieu of a restricted license which would have required and ignition interlock device ("IID").

Alameda County Hayward DUI .15% BAC First Offense DUI High BAC Enhancement

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING. NO IID REQUIRED!

Description: Client was a known Bay Area news personality and discretion was a key component of our defense. Client stopped for talking on cell phone and after hurried CHP investigation, was arrested and submitted to a blood sample which returned a .15% BAC. District Attorney charged DUI with special enhancement for excessive BAC (greater than .15%). As Alameda County now requires an Ignition Interlock Device ("IID") for any DUI conviction, getting a reduction was an uphill battle. Field investigation by Alan McCann revealed significant police error and omissions which allowed me to settle the case for a WET RECKLESS, subsequently dismissing all DUI charges. Client received three years informal court probation, fine of $1,810 and three month DUI school. NO JAIL OR SWAP. Successfully negotiated DMV disposition where client served no actual jail time and instead was restricted for five months.

Alameda County Hayward DUI .14% Second Offense DUI Probation Violation

Outcome: Probation Granted, $1,796 Fine, 18 Month School, NO ACTUAL JAIL

Description: Client arrested for second offense DUI while on probation for first offense. Client stopped for defective brake light and blew a .14%. Successfully negotiated settlement of case in Department 501 where client received three years of informal probation, 18 month DUI school, fine of $1,796 and 9 days of community service (SWAP) in lieu of actual jail. license suspended for one year due to probation violation/2nd offense by DMV.

Alameda County Hayward DUI .12% BAC First Offense DUI

Outcome: DUI DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: Today I appeared for a critically important Pre-Trial Conference for my client who presented me with the problem that she would lose her employment if she lost her license. After much negotiation, I was able to get her DUI dismissed for entry of a plea of "no contest" for reckless driving under Vehicle Code section 23103.5. Client received greatly reduced sentence of three years of informal court probation, fine of $910, and 12 hour DUI school. NO JAIL OR SWAP AND NO MANDATORY LICENSE SUSPENSION. .12% cases don't normally clear the DUI hurdle in court, so now the final matter resides in the hands of the hearing officer at the Oakland Driver's Safety Office.

Alameda County Hayward DUI .30% BAC First Offense DUI Child Endangerment High BAC Enhancement

Outcome: Probation, 9 month DUI School, No SWAP

Description: Today I settled a .30% DUI in the Hayward branch of the Alameda County Superior Court for: 3 years probation, no jail/SWAP/community service, fine of $1,803 and 9 month first offender program (not mandatory as client was out of state defendant and Alameda County doesn't track compliance). Excellent result in light of fact that client had two children in the car with her and we avoided any enhancements or child endangerment charges.

Alameda County Hayward DUI .15% BAC First Offense DUI Collision High BAC Enhancement

Outcome: SPECIAL ALLEGATION STRICKEN, NO SWAP OR JAIL

Description: Settled a first offense DUI collision case with a high BAC (.15%) enhancement in Hayward. Handled case on "Pro Bono" basis. Special allegation stricken and client received three years of informal probation, six month DUI school, fine of $1,810, and was ordered to provide restitution to the victims. NO JAIL, SWAP OR COMMUNITY SERVICE. License suspended for thirty days and restricted for seven months.

Alameda County Hayward .10% BAC Second Offense DUI

Outcome: DUI Dismissed and Prior Stricken for Reckless Driving Reduction

Description: In Hayward, I settled a second offense DUI with a .10% blood test for a reduced charge of alcohol related reckless driving. Client's prior offense was stricken and the driving under the influence charges dismissed. Client received two years of probation, eighty hours of community service, and fine of $836. NO JAIL OR SWAP! License suspended for one year resulting in the requirement that the client complete a 18 month DUI program.

Alameda County Hayward DUI .09% BAC Second Offense DUI

Outcome: DUI DISMISSED, SETTLED AS 1ST WET RECKLESS

Description: Client had prior driving under the influence of alcohol conviction and picked up second case in Hayward. Successfully closed case without DA learning of prior offense. Client received reduced offer of alcohol related reckless driving with the DUI dismissed for two years of probation, fine of $910 and NO JAIL OR SWAP. Client required to complete 18 month DUI program and suffer one year license suspension because he failed to request an administrative hearing.

Alameda County Hayward DUI .13% BAC First Offense DUI

Outcome: Probation, Fines, Three Month DUI School and Two Days SWAP

Description: Settled .13% BAC DUI case in Hayward for the minimum three years probation, $1760 fine, three month DUI school and two days of SWAP in lieu of actual custody. Client's California Driver's License suspended for thirty days and restricted for five months to driving to and from work and DUI school classes.