Oakland, Hayward, Fremont and Pleasanton DUI law

Alameda County courts have different views from their bay area colleagues about interpretation and punishment of DUI offenders.  Alameda courts are located in Fremont, Hayward, Oakland and Pleasanton.  The courts are as different as each of their respective cities.   A competent DUI attorney should be familiar with the local practices and judges so that you may obtain the best possible outcome.

In Oakland, a misdemeanor DUI case typically begins with an arraignment in Department 107 on the fourth floor of the Wiley Manuel Courthouse in downtown Oakland.  Once a not guilty plea is entered by the attorney, the commissioner sends the case to Department 104 for a pre trial conference.  There, attorneys set the case for motions to dismiss the charges, discuss the merits of the case with the judge in attempts to get the charges dismissed or reduced, or set the case for trial.

In Hayward, a DUI case typically begins with an arraignment in either Department 509 or 521.  Once a not guilty plea is entered by the defense attorney, the judge sets a pre trial conference date for an appearance in Department 501.

In Fremont, a DUI case starts in Department 606 or 608.  The DUI remains in the same department until it is resolved.

In Pleasanton, a DWI case typically begins with an arraignment in Department 701.  Then the judge will send the case upstairs to, for example, Department 703 for a pre trial conference.

If a person is convicted of a DWI in Oakland, Hayward, Fremont or Pleasanton, the person receives court probation, a sentence of jail or work alternative and a fine.  The person must also enroll and complete a DUI class, the length of which is subject to negotiation between the judge, prosecutor and defense attorney.   If a person receives more than 30 days of jail, there typically is no work alternative option for time exceeding 30 days.  That means: if your jail sentence is over 30 days long, you do not have any alternative options to jail (such as work programs or home detention).

For a jail sentence of 30 days or less in Oakland, Hayward, Fremont or Pleasanton, if the judge recommends the sheriff’s work program as an alternative in a DUI sentence, the person must contact the sheriff’s work program within 7 days of receiving the DWI sentence or face actual jail time.

Persons can pay DUI fines completely within 45 to 60 days or make payments through Central Collections.  The person must arrange DWI fine payments by contacting the Financial Hearing Office.  Judges do offer individuals the option of performing community service in lieu of paying the DUI fines.