Moraga is a quiet place to live but still close enough to Oakland and San Francisco to offer plenty to do. Whether dining out in Moraga or coming home after a night out, the Moraga police are on the lookout for drivers who may have had one too many drinks. Even a traffic stop for rolling through a stop sign may be enough to give the police time to identify a possibly impaired driver.
A conviction for driving under the influence (DUI) can result in expensive fines, possible jail time, and a suspended license. Unfortunately, many drivers plead guilty to a DUI even if there were problems with the chemical tests or the police did not follow the rules. Before pleading guilty to a DUI after an arrest in Moraga, talk to your East Bay DUI defense lawyer to understand your rights.
What to do after a DUI arrest in Moraga?
An arrest for a DUI may be your first time in a police car and your first time being arrested and treated like a criminal. It can be embarrassing to be arrested and accused of a crime, especially when you do not believe you did anything wrong. The time to fight a DUI is not at the time of your arrest. Your best plan of attack is to contact an experienced Contra Costa County DUI defense lawyer to handle your case.
After the arrest, the police or law enforcement will generally conduct a chemical test of your breath or blood, or in some cases, your urine. Unlike a preliminary alcohol screening (PAS) test, the chemical test after arrest is not voluntary. Under California's implied consent laws, drivers who are arrested on suspicion of a DUI are required to submit to a chemical test.
Refusing a chemical test can result in an automatic suspension of your license. Even if you had no alcohol in your system and were not impaired, a chemical test refusal can result in a one-year suspension of your driver's license depending on specific circumstances. A second refusal or refusal after a prior DUI can result in a 2-year license suspension.
For information about someone arrested by the Moraga Police Department:
Moraga Police Department
329 Rheem Blvd
Moraga, CA 94556
Phone: (925) 284-5010
Court Appearance After a DUI arrest in Moraga
For most misdemeanor DUI cases, the defendant will be released on their own recognizance with the promise to appear in court for the arraignment. The arraignment is when the judge reads the formal criminal charges and the defendant has to enter a plea of guilty or not guilty. After the arraignment, the case will generally be scheduled for a future date or a pre-trial hearing.
The arraignment can be intimidating if you are not prepared. For individuals facing their first run-in with the law, the whole process can be confusing and saying the wrong thing could have immediate consequences. If you contact a DUI defense lawyer before your arraignment, your lawyer may be able to appear on your behalf so you do not have to take a day off of work just to show up to court and wait.
Most misdemeanor DUI cases for individuals arrested in Moraga will be handled at the Contra Costa Superior Court in Martinez. The arraignment may be initially heard at the A.F. Bray Courthouse. Other hearings or trials may be held in the Wakefield Taylor Courthouse. The two courthouses are across the street from each other.
A.F. Bray Courthouse
1020 Ward Street
Martinez, CA 94553
Wakefield Taylor Courthouse
725 Court Street
Martinez, CA 94553
Business Hours: 8:30 AM to 5:00 PM, Monday through Friday (excluding court holidays)
Parking: There is metered street parking in Martinez but some parking meters are limited to 2-hours, which may not be enough time for your initial arraignment. Private parking is also available for a fee.
Public Transportation: The Martinez Amtrak train station stop is about a 10-minute walk from the courthouse. There are also several bus lines that serve the downtown Martinez area.
Only 10 Days to Request a DMV Hearing
The administrative suspension of a driver's license is confusing for most people dealing with a first-time DUI. Separate from the criminal process, the California Department of Motor Vehicles will suspend a driver's license after a DUI arrest, even if the individual is never convicted.
After an arrest, the driver's license is generally taken away and they are given a temporary permit that is good for 30 days. If the driver does not request a formal DMV administrative per se (APS) hearing, the driver will lose their driving privileges after 30 days. However, if the driver request a DUI DMV hearing within 10 days of the arrest, the suspension will be put off until the DMV hearing is decided. Your lawyer will be able to request a hearing and can appear to challenge the DMV hearing in addition to the criminal case.
The nearest DMV Driver Safety Office that handles APS hearings for drivers who get a DUI in Moraga is in Oakland.
Driver Safety Office
7677 Oakport St. Suite #220,
Oakland, CA 94621
Phone (510) 563-8900
Hours: Monday, Tuesday, Thursday, and Friday 8:00 am till 5:00 pm. Wednesday 9:00 am till 5:00 pm
Moraga DUI Lawyer
East Bay attorney Lynn Gorelick has more than 35 years of DUI experience and understands the consequences for drivers after a DUI arrest. Representing drivers in Contra Costa County and Moraga, Lynn Gorelick is familiar with the local DUI laws, and the local officers and prosecutors involved. Contact East Bay DUI lawyer Lynn Gorelick today for help in handling your DUI.