Skip to content 
Albany, a vibrant city formerly known as Ocean View until 1909, is located in Alameda County, California, and is home to around 20,000 residents. Nestled along the eastern shore of the San Francisco Bay, Albany shares borders with Berkeley to the south and east. A prominent location where the Albany police frequently conduct DUI checkpoints is San Pablo Avenue.
If you live in Albany, you might be familiar with local establishments such as the Club Mallard on San Pablo Avenue, an iconic multi-level venue that has been serving up an eclectic mix of entertainment since 1945. With its charming outdoor patio illuminated by Tiki torches and a diverse selection of beers and mixed drinks, it is a popular gathering spot. Alternatively, the Hotsy Totsy Club, also on San Pablo Avenue, offers a nostalgic atmosphere with its pressed tin ceiling, vintage jukebox, and a fine selection of beer on tap.
However, while enjoying the nightlife at either location or others, you may find yourself unexpectedly caught in a DUI checkpoint scenario. Even a minor infraction could lead to suspicion of driving under the influence, leaving you unprepared for the significant implications of a DUI charge in Albany.
Understanding the DUI Charge
Driving Under the Influence (DUI) is an extremely serious offense in California, carrying severe consequences. If you are facing a DUI charge, it is crucial to consult an experienced Albany DUI attorney who can provide vigorous defense and recognize that a DUI conviction could drastically alter your future.
Do You Need to Submit to Chemical Tests?
One common question many individuals have regarding DUI arrests is whether they are required to submit to chemical tests. While you are not legally obligated to undergo field sobriety tests or voluntarily provide a breath sample during a traffic stop, California law mandates that once you are lawfully arrested for a DUI, you must comply with chemical testing at the police station.
Consequences of Refusal
- You will incur fines.
- You could face mandatory imprisonment in a county jail if convicted of DUI.
- Your driver’s license will be suspended for one year without any chance of obtaining a restricted license.
- You will be required to complete a nine-month alcohol education program.
It’s crucial to comprehend that while submitting to a blood or breath test is mandatory, a police officer cannot forcibly take your blood without a warrant, except in specific exigent circumstances.
The Impact of Recent Supreme Court Rulings
In California, the practice of taking blood from DUI suspects without consent was common until a recent U.S. Supreme Court ruling, which reinforced the importance of Fourth Amendment rights against unreasonable searches. The original justification for such procedures stemmed from the rapidly diminishing blood alcohol levels after drinking ceases, establishing a need for immediate testing. However, the Supreme Court clarified that this fact alone doesn’t constitute exigent circumstances.
Under California law, blood can only be forcibly drawn from a DUI suspect when they are suspected of a felony DUI, and there is an inability to quickly obtain a warrant.
When Does a DUI Charge Become a Felony in California?
Not all DUI charges are created equal; a DUI may escalate into a felony under certain conditions:
- If your DUI incident leads to serious injury or death of another individual.
- If you hold three or more DUI or “wet reckless” convictions in the past ten years.
- If you have had one or more prior felony DUI convictions.
All DUI allegations are serious, but if a forced blood draw has occurred or your DUI could be classified as a felony, seeking the counsel of a skilled Albany DUI attorney is critical.
Get the Legal Support You Need
At the Law Offices of Nabiel C. Ahmed, we specialize in aggressive DUI defense across the East Bay, including Albany. If you or someone you know has been charged or arrested for DUI, it is imperative to act swiftly. Don’t navigate the complex legal terrain alone; enlist the help of our seasoned professionals.
Contact the Law Offices of Nabiel C. Ahmed in Oakland, California, at 510-576-5544, to schedule a free consultation and take the first step in crafting a robust defense against your DUI charges. If you are currently detained, we also provide phone consultations and jail interviews. Your future depends on the quality of your legal representation, so don’t hesitate to reach out for help.
Listen on Spotify
