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Fremont DUI

When individuals are arrested for a DUI in Fremont, Newark or Union City, they are generally be booked at the Fremont police department or Santa Rita jail and released on bail or released on their own recognizance. After release, the individual will given a court date to respond to the criminal drunk driving charges. Before you show up to court, you should contact an experienced East Bay DUI defense attorney to make sure you have a lawyer to appear with you in court and help you fight the criminal charges against you.

The Fremont Hall of Justice for DUI Cases

Most misdemeanor and felony DUI cases for arrests in Fremont, Newark, Union City and the surrounding area will initially be heard at the Fremont Hall of Justice in Fremont, California. The courthouse is on Paseo Padre Parkway, near the intersection with Walnut Avenue.

Fremont Hall of Justice

39439 Paseo Padre Parkway
Fremont, CA 94538
Phone: (510) 818-7501

Parking and Transportation

Parking: There is free parking available in the parking lot next to the courthouse. This parking lot has entrances off of Paseo Padre Parkway and Walnut Avenue.

Public Transportation: The closest BART station is the Fremont station (.6 miles away), between Walnut Avenue and Mowry Avenue. This BART station is on the Orange and Green lines. A number of AC Transit bus lines also serve the area around the Fremont courthouse.

Fremont Jail and Police Department

The Fremont Hall of Justice is located near the Fremont Police Department and Fremont Jail. If you are arrested by the Fremont Police Department for a DUI, you may be booked at the police department or at Santa Rita jail before you are released for your initial court appearance.

If you are arrested for a more serious crime, like a felony DUI or drunk driving involving a serious injury, you may be booked into the Fremont Jail or transferred to the Alameda County jail in Santa Rita.

Fremont Jail

1990 Stevenson Blvd
Fremont, CA 94538
(510) 790-6703

Fremont Police Department

2000 Stevenson Blvd
Fremont, CA 94538
(510) 790-6800

Fremont Courthouse for DUIs in These East Bay Cities

The courthouse that will handle your initial court appearance will depend, in part, on where you were arrested and which law enforcement agency made the arrest. An arrest for a DUI in Fremont will generally be handled by the Fremont Police Department, California Highway Patrol, or Alameda County Sheriff's officer. However, the Fremont Hall of Justice may also handle DUIs from surrounding Alameda County cities, including:

  • Fremont
  • Newark
  • Ardenwood
  • Union City
  • Carpenter
  • Sorenson
  • Russell City
  • CHP arrests on I-880 and I-680
  • BART Police Department
  • East Bay Regional Park District Police Department

Most drunk driving arrests involve misdemeanor charges; however, the police may arrest a driver on more serious felony DUI charges. California DUI arrests that are charged as misdemeanors include California Vehicle Code 23152(a), 23152(b),23152(c), 23152(d), 23152(f) or 23152(g).

If you were involved in a DUI where someone was seriously injured, you may be facing a felony DUI under VC 23153. A 4th DUI within the last 10 years can also be charged as a felony DUI.

License Suspension Hearing is Handled by the DMV (Not the Court)

One of the most important deadlines after a DUI arrest is the time you have to fight to keep your California driver's licence. After your DUI arrest, the police will take away your license and give you a piece of paper that acts as a temporary license. This temporary license will expire after 30 days of your arrest. However, you only have 10 days to request a DMV hearing or your license will be automatically suspended.

After a drunk driving arrest (or chemical test refusal) your license can be administratively suspended whether or not you are convicted of any crime. This is a separate process from your criminal case and handled by the California Department of Motor Vehicles.

In order to keep you license after an arrest, you have to file a formal request for a hearing with the DMV. If you miss this 10-day deadline to request an APS hearing, you cannot contest your suspension.

If you contact an experienced Fremont DUI attorney immediately after your arrest, your lawyer will be able to request an administrative per se (APS) hearing. Your lawyer can also represent you during the DMV hearing and help you avoid a license suspension or assist you in getting a restricted license.

License suspension (APS) hearings are handed by the DMV's Driver Safety Offices, and not at a regular DMV location. APS hearings for Fremont DUIs will take place at the Oakland Driver Safety Office.

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 is in charge of prosecuting most DUI cases in Alameda County. The prosecutor will review your case and decide whether or not to charge you with a DUI on behalf of the state. 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.

California DUI School

Before you can get your California driver's license back after a DUI arrest, you may be required to enroll in and complete DUI school. DUI school is a substance abuse education and treatment program that is intended to reduce the number of repeat DUI offenders. You can find a list of California licensed DUI program service providers through the California Department of Health Care Services here.

DUI Defense Lawyer for Fremont DUIs

Based on TV shows and court dramas, many people think they will automatically be assigned a lawyer after a criminal arrest. However, a public defender may only be available if you are considered “indigent” by the court. You will only be assigned a lawyer if you cannot afford one. Instead, most people who are arrested for a DUI are responsible for finding their own criminal defense attorney.

Talk to an experienced East Bay DUI defense attorney as soon as possible to give yourself the best chance to avoid a criminal conviction. A lawyer with experience handling DUIs in Fremont understands the law and technology surrounding California DUI laws. Your lawyer may also be able to represent you in a DMV hearing to keep your license

Fremont 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 Fremont and across Alameda County. With more than 37 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 Fremont DUI defense attorney who will fight for you.

 With Covid court closures, most Fremont cases are being handled at the East County Hall of Justice in Dublin.  

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