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3/7/2014: ALAMEDA COUNTY (OAKLAND) .24% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

Posted By Nors Davidson || 19-Apr-2014

3/7/2014: ALAMEDA COUNTY (OAKLAND) .24% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL

Description: Client was a twenty something recent college graduate with immediate hopes of attending law school when she had too much to drink at a party and then tried to drive home. Confused after trying to enter the carpool entrance of the Bay Bridge, she immediately drew the attention of the CHP who had been looking for just such a violation. The DUI investigation was hurried and the client raced to Santa Rita Jail for a breath test. Just before arriving at the station, client got sick and threw up in the CHP patrol vehicle in what ended up being minutes before her breath test which came in at .24% BAC. Client charged with enhanced DUI, but since she vomited within what should have been a 15 minute observation before the breath test, I was able to convince the District Attorney to dismiss the high BAC enhancement for a minimum sentence of: three years court probation, fine of $216, 162 hours of community service & THREE MONTH DUI SCHOOL. This almost always a 9 month DUI school case, but we beat it and saved the client six additional months of DUI School, $1,200 and an extra license suspension. Ultimately, DMV suspended her license for thirty days and allowed her to get a "restricted" license for five months as long as she enrolled in the DUI School, installed an ignition interlock device ("IID") and filed an SR22. I'm certain that she learned the lesson NEVER TO DRINK AND DRIVE, but I'm glad I was able to help minimize the punishment and the cost.