2nd Dui with a .07 BAC

Here is the punishment for a 2nd offense DUI. California Vehicle Code §23540 (a) Punishment If any person is convicted of a violation of Section 23152 and the offense occurred within ten (10) years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, which resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). (b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver's license required under Section 13352.5. California Vehicle Code §23542 (a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following: (A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). (B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively. (2) The person's privilege to operate a motor vehicle shall be suspended by the department under paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following: (1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. (2) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. (c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program of the length required under this code licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department's headquarters. (d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized toH

Here is a list of local attorneys: http://www.colorado-dui.com/states/CA.html

It is impossible, unreasonable and unethical to predict an outcome or likelihood in your case until due diligence, discovery, investigation, appearances and meetings have been concluded. If the legal limit for a California DUI is .08, can I still get arrested for a California DUI - driving under the influence of alcohol - when I blew only .05, .06 or .07? Yes. A California drunk driving charge depends on the facts & circumstances. Can you remember going to a party, someone got drunk and started hitting on your spouse? And when teased the next day that person swore it was only two drinks? Alcohol affects different Californians in different ways. Some people may experience mild effects after two or three drinks; some people may be impaired after one. California's .08 law exists because of federal funding pressure and because that law states that a .08 blood-alcohol level will impair anyone. But you may have a lower concentration of alcohol in your blood and still be allegedly impaired according to California DUI law. At a recent party, a friend brought my portable breath test machine and began testing people. Few at that party reached a .08. One person claimed she felt too buzzed to drive by the time she reached .07. It doesn’t necessarily take a lot of alcohol to get impaired. Each person is different and so is her or his physiology. A California DUI is one the most defended criminal cases by California criminal defense lawyers in California courts. The accused has a lot to lose if convicted. DUIs are extremely costly in terms of fines, court-imposed fees, insurance rates, ignition interlock devices, vehicle impounds, public work service, alcohol programs, and jail. One of the biggest reasons people hire California DUI criminal defense attorneys to fight their California Drunk Driving charges is fear of losing their driver’s license. Our culture makes daily living difficult without personal transportation, particularly in rural areas. California DUI police officers don’t always just depend just on numbers from a breath sample to decide if someone is impaired. A skilled and honest California DUI officer often knows, before doing a breath test, if the driver is likely to be arrested for a California DUI. Unsteady gait, distinctly slurred speech, misunderstanding comprehensible directions, unexplained difficulty with basic motor skills and the manner of driving are possible characteristics that may say more about someone’s possible impairment than numbers on a machine. California DUI laws and issues are extremely complex. California Drunk Driving Criminal Defense Lawyers often have to deal with prosecution experts who try to claim that people can be impaired at .05. If you are under .05, there is a jury instruction (below) that you are presumed not to be under the influence of alcohol. If you are a commercial driver, it is unlawful to drive a commercial vehicle with a .04 BAC. If you are an non-commercial adult driver who was charged with a California DUI at less than .08, you’ve learned the hard way that a small amount of alcohol can cause possible impairment, at least in the opinion of some California DUI police officer. It gets very complicated for a California DUI criminal defense lawyer who must deal with many different jury instructions in California DUI cases. e.g. California Criminal Jury Instruction Number 2110. Driving Under the Influence (Veh. Code, § 23152(a)) A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. The manner in which a person drives is not enough by itself to establish whether the person is or is not under the influence of (an alcoholic beverage...."

Most likely you will be remanded at the arraignment by Commissioner Rodrigue. You should contact a lawyer that knows the Oakland court system. I have been practicing there for 15 years.