If you were arrested for DUI in Oakland, you are likely facing both a criminal case in Alameda County and a separate DMV action against your license. You generally have only 10 days from receiving the DMV suspension notice to request a hearing. Act fast to protect your driving privileges, preserve evidence, and explore defenses. Contact us for a consultation.
Arrested for DUI in Oakland: What to Expect
A DUI arrest in Oakland typically triggers two tracks: (1) a criminal case in Alameda County Superior Court under California Vehicle Code section 23152, and (2) a separate California DMV administrative action focused on your driving privilege (often called the Administrative Per Se, or APS, process). Vehicle Code § 23152 | DMV APS overview.
In most cases, the officer issues a citation with a court date and serves an Order of Suspension/Revocation that acts as a temporary license for 30 days. You typically have 10 days from receiving that notice to request a DMV hearing. If no timely hearing is requested, the suspension may begin when the temporary license expires. Source | Veh. Code § 13558.
The DMV Administrative Per Se (APS) Process
After most DUI arrests, the DMV starts an APS action that can lead to a license suspension if certain conditions are met (e.g., a 0.08% BAC or higher for adult non-commercial drivers). Veh. Code § 13353.2. You generally must request a DMV hearing within 10 days of receiving the notice to contest the action. If you request and prevail at the hearing, you may avoid or delay a suspension; if you do not request a hearing in time, the suspension can take effect automatically. Outcomes vary based on age, license type, prior DUI history, alleged test results, and any refusal allegation. DMV APS overview | Veh. Code § 13558.
Your Court Case in Alameda County
Your criminal case proceeds in Alameda County Superior Court. The prosecution must prove the charge beyond a reasonable doubt. Evidence often includes the stop and arrest reports, body-worn camera, chemical test records, and officer observations. Early defense steps may include demanding discovery, challenging the legality of the stop or detention, examining how breath or blood testing was administered and maintained, and developing mitigation or alternative resolutions. See the California Courts’ DUI overview: Self-Help: DUI.
Potential Penalties and Consequences
Potential outcomes include fines and assessments, probation terms, DUI education programs, license restrictions or suspensions, and ignition interlock device (IID) requirements. The specific penalties depend on whether it is a first or subsequent offense, the presence of aggravating factors (such as a high BAC or an accident with injuries), and case-specific eligibility for alternatives. A DUI can also affect professional licensing, immigration status, and insurance. For general guidance, see the California Courts: DUI basics.
Common DUI Defenses
Every case turns on its facts, but common defense approaches include:
- Challenging the legality of the stop or detention and whether there was probable cause for arrest.
- Disputing the administration or interpretation of field sobriety tests.
- Attacking the accuracy, calibration, or administration of breath or blood testing and compliance with applicable regulations (often referred to as “Title 17” issues). CDPH Forensic Alcohol Testing Program (Title 17).
- Presenting rising blood alcohol arguments or retrograde extrapolation concerns.
- Identifying medical or environmental factors that could affect observations or test results.
Practical Tips to Protect Your Case
- Calendar the 10-day DMV hearing deadline immediately and keep proof of your request.
- Do not drive on a suspended license; ask about IID or restricted options if applicable.
- Preserve evidence: save dashcam/phone footage, receipts, and witness contacts.
- Avoid discussing your case on social media; statements can be used against you.
- Follow your attorney’s guidance on classes or evaluations that may help negotiations.
Ignition Interlock and License Options
California law allows certain drivers convicted of DUI to continue driving with an IID or to pursue restricted driving privileges, depending on eligibility, prior history, and whether an injury was involved. Program details and waiting periods vary by case. Note: If you refused a chemical test, options can be more limited. See DMV IID guidance, Veh. Code § 23575.3, and refusal consequences under Veh. Code § 13353. Under-21 zero tolerance rules may also apply. Veh. Code § 23136.
Why Acting Quickly Matters
Key rights and options are time-sensitive in both the DMV and court processes. Promptly requesting the DMV hearing, preserving evidence (such as surveillance or vehicle/phone data), and engaging counsel to challenge the stop, testing, and procedures can materially affect outcomes. Delays can limit defenses and license options. To get started, contact us today.
How We Help Oakland Drivers
We represent clients in Oakland and across Alameda County in both DMV and court matters. We analyze the stop, arrest, and testing; make timely requests and motions; coordinate DMV hearings; negotiate with prosecutors; and take cases to hearing or trial when appropriate. Our approach is tailored to your goals—protecting your license, limiting penalties, and defending your record.
What to Do After an Oakland DUI Arrest
- Carefully review your paperwork for the DMV hearing deadline and your court date.
- Contact a DUI defense attorney immediately to protect your license and court rights.
- Do not miss DMV or court deadlines; the DMV hearing request is generally due within 10 days of notice. Veh. Code § 13558.
- Gather relevant information: prescriptions, medical conditions, witness names, and any video or digital evidence.
- Follow through with assessments or program steps your attorney recommends.
FAQ: Oakland DUI in California
How long do I have to request a DMV hearing?
Generally 10 days from receiving the Order of Suspension/Revocation. Missing this deadline can trigger an automatic suspension. See Veh. Code § 13558.
Will I have a separate court case and DMV case?
Yes. The DMV APS action concerns your driving privilege, while the Alameda County court case addresses the criminal charge. Outcomes in one can affect options in the other.
Can I keep driving with an IID?
Many drivers can continue driving with an ignition interlock device after a DUI conviction, subject to eligibility and conditions. See the DMV IID guide and Veh. Code § 23575.3.
What if I refused the chemical test?
Refusal allegations can lead to longer suspensions and fewer license options. Consult counsel promptly to evaluate defenses and hearing strategy. See Veh. Code § 13353.
Do I need a lawyer for a first DUI?
While not required, having counsel can help you meet deadlines, challenge the stop and testing, explore defenses, and pursue outcomes that protect your license and record. Request a consultation.
Serving Oakland and Alameda County
Whether your case involves a breath test, blood draw, an alleged refusal, or a collision, we can help you evaluate defenses and pursue the best available outcome. Request a consultation.
Disclaimer (California): This post provides general information for California DUI matters and is not legal advice. Reading it does not create an attorney–client relationship. Laws, programs, and deadlines (including DMV timelines) change and vary by circumstances and county practice. Consult a qualified California attorney about your specific situation.