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What Elements Are Involved in a DUI Charge in Oakland?


— May 12, 2023

Those who have been arrested for DUI should call lawyers right away so they can start working on their case. 


There are two main elements that a DUI offense consists of. The first element is that the driver must have operated their vehicle or have been sitting at the wheel. The second element is that they must have been intoxicated or under the influence when they were operating their vehicle. The driver must be clearly impaired, or they must have a BAC of above .08% for the DUI charge to go through. Police officers are properly trained in finding drunk drivers and arresting them. However, they do make mistakes as well so just because they said it, it does not automatically make it the truth.

Drivers who find themselves in this tight legal situation will need to connect with lawyers right away. Oakland DUI lawyers will fight to have the charges given reduced. They will do this by collecting proper evidence and investigating the arrest procedure as well. California DUI lawyers who have the required knowledge and experience to minimize the penalties can help drivers with their case, especially if they are contacted early on.

House party with many alcohol bottles on counter; image by Tobias Tullius, via Unsplash.com.
House party with many alcohol bottles on counter; image by Tobias Tullius, via Unsplash.com.

It is important to note that drivers of regular vehicles have different limits and restrictions when compared to drivers of commercial vehicles. Normal vehicle drivers have a BAC limit of 0.08. Commercial drivers, on the other hand, have a much stricter limit due to the nature of their work. If a commercial driver has a BAC of 0.04 or higher than they have violated the law, they can be penalized for it. The reason commercial drivers are given a stricter limit is because of the extra effort and skill it takes to control a substantial truck, and also because of how much harm can result if such a driver gets into an accident. The legal consequences for commercial motorists who drive while intoxicated are also more severe due to the elevated damage and injuries associated with such consequences. 

What Are the Basic DUI Laws in Oakland, California?

There are several DUI laws that drivers must follow in California. Firstly, as discussed above, it is illegal for them to drive their vehicle or sit at the steering wheel with a BAC of 0.08% or higher. It is also illegal for drivers who are underage to operate a vehicle in any state or degree of intoxication. In fact, if drivers are visibly impaired while driving, they can be arrested and forced to endure the consequences of their actions in court. DUI accident lawyers can help drivers understand DUI rules and responsibilities and help a person fight for their rights to be respected.

It’s never too late to reach out to an attorney. Those who have been arrested for DUI should call lawyers right away so they can start working on their case. 

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