Frequently Asked Questions About DUI

Understanding DUI Charges in Oakland, California

When you are faced with driving under the influence (DUI) charges for the first time in Oakland or elsewhere in California, it can be a daunting experience. Questions may fill your mind, leaving you anxious and uncertain about what to do next. To assist you in navigating through this challenging time, the Law Offices of Nabiel C. Ahmed have compiled a comprehensive list of frequently asked questions about DUI laws specific to California. If you require personalized responses or further assistance, feel free to get in touch with us at 510-576-5544.

Where to Find California’s DUI Laws

California law regarding DUI is codified under Section 23152 of the California Vehicle Code. This section delineates the prohibitions surrounding driving under the influence of both alcohol and drugs.

Misdemeanor vs. Felony DUI

In California, DUI offenses are classified as “wobblers.” This means that a DUI can either be charged as a misdemeanor or a felony, heavily reliant on the specific circumstances of the case. Most DUI offenses are typically misdemeanors unless they meet certain severe criteria, such as:

• A fourth DUI offense within a 10-year period
• A DUI incident that results in bodily injury
• A DUI resulting in death
• Previous felony DUI charges coupled with new violations

Common Questions about DUI in Oakland

Driving Under the Influence of Marijuana

Even though California has legalized the possession of a limited amount of marijuana for personal use, driving under the influence of marijuana remains illegal. Under Section 23152(f) of the California Vehicle Code, individuals operating a vehicle while under the influence of any drug, including medical marijuana, may face DUI charges.

Employment Consequences of a DUI

In California, the employment relationship is largely governed by “at-will” employment principles. This means either the employer or employee can terminate the employment relationship at any time, with or without cause. Consequently, if your employer views your DUI negatively or believes it might harm the business, they could legally opt to terminate your employment.

Immigration Consequences of DUI in California

Potential for Deportation

Given the heightened focus on immigration laws through recent high-profile cases, many immigrants may wonder about the implications of a DUI conviction on their residency status. Generally, a misdemeanor DUI conviction does not automatically initiate removal proceedings; however, this is not a definitive guarantee of safety from deportation.

Factors Increasing Deportation Risk

For Green Card holders, while a single DUI may not be detrimental, the risk of deportation does escalate under certain conditions. These circumstances include:

• A felony DUI conviction
• A DUI related to drug offenses
• A pattern of previous criminal behaviors
• Prior conviction for marijuana-related crimes without subsequent removal actions

Next Steps If Charged with DUI

At the Law Offices of Nabiel C. Ahmed, we are dedicated to providing you with the information you need to navigate DUI charges effectively. Understanding the law is the first step to protecting your rights. For a comprehensive assessment of your case and to discuss possible defenses, reach out to our firm for a free consultation.

Should you have any further questions or require legal representation, don’t hesitate to call us at 510-576-5544. We are here to assist you every step of the way.