Oakley Out Of State DUI Defense
Defending an Out of State DUI in Oakley, California
Out of state DUI charges in Oakley are booked against drivers who are residents of another state. The California Vehicle Code applies to all residents of California and to all drivers across the state regardless of where they live and the state that has issued their driving license. A resident of another state should immediately hire a DUI lawyer after being arrested and booked to prepare an effective defense to avoid out of state DUI license suspension in Oakley.
Dealing with an out of State DUI in Oakley, California?
You may be a temporary resident of Oakley. You may be touring the city. You may have just moved to the city or to California but have a license issued by another state. If you are arrested and booked for driving under influence, drinking and driving or impaired driving and any of these facts apply to you then you will be charged with out of state DUI. You have to consider appropriate legal counsel and defense if you get out of state DUI in Oakley, California.
Legal proceedings will be initiated against you in the state as per the applicable law regardless of your resident status and the driving license issuing authority. You will not be able to evade legal charges. You cannot just go back to your home state or state and expect the legal charges to be dropped. You cannot protect yourself from suspension of license and other penalties if you are eventually proven to be guilty and sentenced by a court in Oakley, California.
The Necessity of Out of State DUI Defense in Oakley, California
You need to have an out of state DUI defense in Oakley and that is only possible when you have a trial lawyer to prepare your case and present it to counter the prosecution. It is possible to get the charges dropped. The case can get dismissed if the defense is strong enough at the outset. The prosecution may reduce the severity of the crime and agree to a plea bargain for a lesser offense. There are many options available but you need to mount a proper out of state DUI defense.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Oakley
Types Of DUI Charges:
Consequences Of A DUI:
Fighting An Out of State DUI License Suspension in Oakley, California
Driving under influence is a criminal offense in the state of California. Many other states have more lenient laws. If you are convicted for DUI out of state in Oakley, you will be liable to pay a fine, the license can be suspended, there may be probation and community service, you could be jailed and you might be required to install an ignition interlock device. The sentence can be more severe if the blood alcohol concentration is substantially higher than 0.08%.
There are far-reaching consequences of such a conviction. Out of state drivers will not have their license immediately confiscated at the time of arrest. This is applicable for residents of California who have licenses issued by the state. A temporary license is provided to residents who are charged with driving under influence. Out of state drivers can keep their license but will have to contest the charges at the DMV hearing. If they fail to contest the charges, the license will be suspended. The timeline for the said hearing and the initiation of the suspension is thirty days.
Consequences of a Conviction for Out of State DUI in Oakley, California
The suspension of license is not confined to the jurisdiction of courts in California. You will have your license suspended in your home state as well. This is owing to an agreement in place called the Interstate Driver’s License Compact. Most states in the country are members of this collective and are hence bound by the terms to share information pertaining to driving under influence offenses. A license suspended in the state of California regardless of the issuing authority will likely remain suspended in your home state too.
Fighting Your DUI in Another State Outside Oakley
The legal proceedings will be initiated in California as per the state law. This law is likely to be stricter than the one in your home state. You will be liable to the penalties and subjected to the sentencing if convicted. The law will take its course in Oakley, regardless of where you live and if you are moving back to your home state during the proceedings. You need to have a Oakley out of state DUI defense if you want to avert a conviction.
The challenges are compounded in such cases because there will also be a legal proceeding in your home state for having the license suspended. You will have one driving under influence charge or additional charges as well in Oakley that you must fight. You will also be subjected to your home state law and must mount your defense there. Fighting two cases regulated by two different laws at the same time can be stressful and hence you need the most astute defense lawyer specializing in driving under influence laws in the city of Oakley.
The Challenges of Facing An Out of State DUI in Oakley, CA
There is another type of out of state DUI in Oakley, wherein Californians are charged with driving under influence in another state or state. Since California is a signatory to the Interstate Driver’s License Compact, the suspension of license will be carried forward to the home state when a Californian returns home. A resident of Oakley is not immune to charges of driving under influence in another state or state. Such cases are also challenging and call for an expert defense lawyer.
The topmost priority of a defendant in of these scenarios is to prepare a robust DUI out of state defense. It is possible to get the charges dismissed. The case can be quashed even before it leads to a trial. The prosecution may consider plea bargains. The full ambit of the law, potential errors in the process of arrest, loopholes in the arguments of the prosecution, inconclusive evidence and reasonable doubt can be used to mount a strong out of state DUI defense. Appoint an expert defense lawyer in Oakley today to avert a conviction.
Oakley DUI Defense Attorney
