Driving Under the Influence

Everyone makes a mistake in judgment at one time or another. Your arrest for Driving Under the Influence does not make you a criminal or mean you are a bad person. Dealing with the court system can be a frightening and embarrassing experience…

You are driving down the road, or are involved in an accident and the Highway Patrol or local police contact you. Typically they will ask you if you have had anything to drink. Whether you say “yes’ or they think you have, they may begin a DUI investigation.  After asking some “investigatory” questions, they will have you perform a set of field sobriety tests. This may or may not include a breath test in the field. When you have failed the tests, they will put you in handcuffs and arrest you. They will then take you to a police station, jail or hospital for a further breath or blood test. If you are lucky, they will allow you to be released to a friend. If not, particularly in Alameda County, they will put you in a jail holding cell for 12 or more hours. The officer may take your driver’s license and give you a temporary license. You are also given a notice or citation with a court date.

The District Attorney’s Office is sent a copy of the arrest report and files charges against you. When you go to court on your first court date the judge will tell you what you are being charged with. This is called the arraignment. If you hire an attorney before the first court date, your attorney will go to court and you may not have to. Usually, you are not able to review your arrest report or find out your blood test result before your arraignment.

Effective July 1, 2010

Alameda County will be one of a handful of test counties to require ignition interlock devices on vehicles owned by people convicted of a first, second or third DUIs. Ignition interlock devices cost $65 or more a month to rent. Before you can start your car you will have to blow into the interlock device. Once you have begun driving you will have to blow into the device. If alcohol is detected the car will not start or if it has started it will stop.