Getting a DUI Reduced in Oakland
How Often Do DUI Cases Get Reduced in Oakland, CA
There are multiple approaches to defend against charges of driving under influence. One effective defense tactic is to get a DUI reduced in Oakland. The strict law in California makes driving under influence, drinking and driving or impaired driving a criminal offense. It is necessary to appoint a lawyer who can succeed at getting a DUI reduced in Oakland to a less serious offense.
The Importance of Getting a DUI Reduced in Oakland, California
As per the California Vehicle Code, driving under the influence of alcohol, drugs, marijuana and other substances is a criminal offense. The blood alcohol concentration of 0.08% is the maximum permissible limit, beyond which a driver will have their license suspended, there can be a jail term, a hefty fine is imposed and there could be probation, community service and rehab program. There is a zero tolerance policy in the state that prohibits underage drinking. Drivers aged below twenty one cannot have any trace of alcohol in their system while at the wheel.
There are two types of driving under influence offenses. One is misdemeanor which is a less serious offense. The second is felony which is a severe offense and draws the harsher punishments. If someone is charged with driving under influence without any additional offenses then it is a misdemeanor. It can be a felony if the blood alcohol concentration is too high and there have been other aberrations at the scene, such as resisting arrest, getting violent, causing damage to property or being in an accident. If there is an accident and as a result bodily injury or fatality, then the charges are even more serious. Drivers in such cases will be charged with DUI manslaughter and many more violations will be added, from negligent and reckless driving, homicide or second degree murder and others.
Cases where the accused is charged with multiple violations warrant a reduced DUI in Oakland. Every violation has a ripple effect on the potential sentence. An accused may or may not be proven guilty on all counts or charges. However, the more charges one is held guilty of, graver are the quantum of sentences and also the ambit of the verdict. Getting a DUI reduced in Oakland is only possible when you have an expert lawyer representing you. You must immediately appoint a trial defense lawyer to start working on your case.
How to Reduce DUI Charges in Oakland, California
There is more than one answer to how to reduce a DUI. You may consider a plea bargain after consultation with a lawyer. You may choose to go to trial and your lawyer may counter the charges presented by the prosecutor to establish loopholes or flaws, which will pave the way for a reduction in the severity of the crime. Each and every violation or charge cited in the case can be challenged on merits and reasonable doubt can be established to get a DUI reduced.
How to get a DUI reduced has two distinct phases. One is the pretrial phase. This is when the prosecution is building a case and the defense presents a counter to show that the prosecutor will fail to establish the charges in a court of law. The prosecutor will be unwilling to take a flawed case to trial and risk losing it, thereby leading to acquittal of the defendant. The defense can successfully instill reasonable doubt for the prosecutor to agree to a reduced charge even before the date of trial is set. This scenario is not necessarily a plea bargain as it is possible to get all charges dismissed if the prosecutor can be convinced that the case is a nonstarter.
The other scenario is a plea bargain. There are cases where the evidence is stacked firmly against the defendant. It may be practically impossible to refute the charges or dismiss the evidence. An expert lawyer can still mount a defense but it is at times wiser to enter a plea bargain wherein the DUI is reduced to a lesser crime. For instance, a driving under influence charge which is a criminal offense may be reduced to reckless driving. There are possibilities of reducing a DUI felony to a misdemeanor of speeding or negligent driving that has not caused any damage to property or bodily injury if there has been no accident. Such a reduction in charge naturally dilutes the severity of the crime. A plea bargain can then be agreed upon where the defendant pleads guilty or no contest of a milder crime and get away with a lenient sentence.
If a serious crime such as driving under influence is proven in a court of law, the multifaceted sentence can be severe but if a reduced crime is pleaded guilty for then the punishment can be as mild as a ticket. How to get a DUI reduced in Oakland is worth considering for everyone who has reasonable chances of getting convicted of the crime. The technical evidences can be negated, various defense tactics can be used at a trial and the judge may be lead to believe there is reasonable doubt in the case presented by the prosecution. But some cases are more in favor of the prosecution so getting a DUI reduced to know the exact severity of the charges and the preference sentence or punishment is a wiser approach.
Chances of Getting DUI Reduced in Oakland
Whether or not you can get a DUI reduced depends on the strengths and weaknesses of the case prepared by the prosecution. Errors by the arresting officer, legality of the arrest, how the procedures were followed or if the established practices were not followed and other variable factors will influence your chances of getting a DUI reduced in Oakland. A deft lawyer can always get a DUI reduced with effective tactics. There is provision in the law, as per the California Vehicle Code Section VC 23103, 23103.5, 23109(c) and 23221 VC allowing reduction or dilution of charges from driving under influence to wet or dry reckless driving, speeding, reckless driving, exhibition of speed or negligent driving but not under the influence of alcohol or other substances.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Oakland
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How to Reduce DUI Charges with the Help of a Oakland DUI Lawyer
It will be rather difficult for you to figure out how to reduce DUI charges or convince the prosecutions attorney into a plea bargain without a professional DUI lawyer by your side. A dependable and experienced DUI lawyer will not only be able to negotiate a plea bargain with the prosecution attorney, but will also shield you from the consequences of a DUI charge.
Get DUI Charges Reduced With the Help of a Oakland DUI Lawyer
Having an experienced and dedicated DUI lawyer by your side in DUI cases proves highly beneficial. Your lawyer will advocate and negotiate for a plea deal with the prosecution to get your DUI charges reduced to a lesser charge. We offer reputable Oakland DUI lawyers in Oakland, California who specialize in DUI offenses. Our utmost goal is to protect you from any consequences arising from of a DUI and we make sure that the best defense to get you out of any criminal charges is put forth.
Oakland DUI Defense Attorney