After a DUI arrest, you will generally be booked and released on bail or on a written promise to appear for your court date. The court date will be the first opportunity for you to respond to the criminal charges against you. You should consider contacting an experienced East Bay criminal defense attorney as soon as possible. Your lawyer can appear with you in court and help you fight the criminal charges against you.
The Oakland Courthouse for DUI Cases
Misdemeanor and felony DUI cases for arrests in the Oakland area will initially be heard at the Wiley W. Manuel Courthouse in Oakland, California. The courthouse is on Washington Street, between 6th and 7th Streets, right next to the 880 freeway in downtown Oakland.
Wiley W. Manuel Courthouse
661 Washington Street
Oakland, California 94607
Parking and Transportation
Parking: There is a parking garage on the corner of 7th Street and Jefferson Street, with the entrance off of 7th Street. Limited metered parking may be available on nearby streets.
Public Transportation: The closest BART station is 12th Street/Oakland City Center (.4 miles away). This BART station is on the Yellow, Red, and Orange lines. A number of AC Transit bus lines also serve the downtown Oakland area.
A DUI in These East Bay Cities Will Be Handled in the Oakland Court
If you were arrested for DUI by the Oakland Police, Piedmont Police, Berkeley Police, San Leandro Police, Alameda County Sheriff's Department or the California Highway Patrol Oakland and Castro Valley offices Department, Piedmont Police, California Highway Patrol, or Alameda County Sheriff's office your case will be handled in the criminal courthouse in Oakland. However, the Oakland court also handles DUIs from these Alameda County cities:,
- Castro Valley
- San Leandro
- San Lorenzo
The Oakland court will generally handle misdemeanor or felony DUI charges. California DUI arrests will result in misdemeanor charges per California Vehicle Code 23152(a), 23152(b),23152(c), 23152(d), 23152(f) or 23152(g). If you have 3 prior convictions within the last 10 years or have previously been convicted of a felony DUI, your case can be charged as a felony. If you were involved in a DUI where someone was seriously injured, you may be facing a felony DUI under VC 23153.
The DMV Handles Your License Suspension Hearing
After your DUI arrest, the police will generally take away your license and give you a piece of paper that acts as your temporary license. Your license will be administratively suspended after 30 days of your arrest. This is a separate process from your criminal case.
If you want to fight to keep your license, you have to file a request for a hearing with the DMV. Your license suspension hearing is not handled by the Oakland court. It is a separate process with the DMV. You only have 10 days after your arrest to make a formal request for a DMV hearing. If you miss this 10-day deadline to request a hearing, you cannot contest your suspension.
If you are diligent in seeking out an Oakland DUI attorney immediately after being charged, they will be able to request an administrative Per Se (APS) hearing on your behalf. Your lawyer can also represent you during the hearing and help you avoid a suspension completely or assist you in obtaining a restricted license.
In most cases, a DMV hearing will take place at the:
Oakland Driver Safety Office
7677 Oakport St. Suite #220
Oakland, CA 94621
Monday, Tuesday, Thursday, and Friday 8:00 am to 5:00 pm.
Wednesday 9:00 am to 5:00 pm
Appointments and General Information:
Phone (510) 563-8900
Fax (510) 563-8950
Alameda County Prosecutors
The Alameda County District Attorney's office will prosecute all DUI cases. The prosecutor handles your criminal case on behalf of the State of California. The prosecutor will review your case and decide whether to decline to file charges or charge you with a DUI. The job of the prosecutor is to get a guilty plea or to prove all elements of a DUI to a jury in court.
In most cases, you will not have any direct contact with the prosecutor, or “DA” in your case. Communication with the prosecutor will generally be between the DA and your lawyer.
The DA has offices inside the Wiley W. Manuel Courthouse, but the main Office of the District Attorney in Oakland is located at:
Alameda County District Attorney's Office
1225 Fallon Street, Suite 900
Oakland, CA 94612
Phone: (510) 272-6222
California DUI School
As part of the requirements to get your driver's license back after a DUI arrest, you may be required to attend DUI school. DUI school is an educational program that is intended to reduce the number of repeat DUI offenders and provide participants an opportunity to address substance abuse problems. The specific DUI program will depend on the nature of your DUI offense and if you've had any prior DUIs. You can find a list of licensed California DUI program service providers here.
Will I get a lawyer for my Oakland DUI?
If you hire an experienced DUI defense attorney, you will get the benefit of choosing the best lawyer to represent you, including finding a lawyer who:
- Keeps up to date with the latest California DUI law
- Understands chemical testing technology and how to challenge DUI evidence
- Is able to answer your phone calls and emails when you have questions
- Will take the time to explain your case so you will understand all your options
- Represent you in a DMV hearing to keep your license
Some people charged with a DUI may be able to have an Alameda County public defender assigned to represent them. Only those who cannot afford to hire a lawyer are eligible for the services of a public defender in California. This generally requires you to prove you are “indigent” by giving the judge or court services evidence of your financial status.
Additionally, a public defender cannot represent you during your DMV license suspension hearing. You cannot choose your public defender, they are assigned to you and you won't get the chance to change your public defender if you don't like them. Public defenders also have limited resources and a heavy workload, so they may not be able to spend as much time on your case or be able to answer all your questions.
Oakland DUI Defense Attorney
At the Gorelick Law Offices, attorney Lynn Gorelick has dedicated her legal career to defending people charged with driving under the influence in Oakland and the East Bay. With more than 30 years of DUI experience, she understands the penalties involved and knows how to fight to keep your arrest from ending in a conviction. Contact your local Oakland DUI defense attorney who will fight for you.