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6/19/2014: Alameda County (Fremont) .16% BAC 1st Offense DUI w/ High BAC Enhancement

Posted By Nors Davidson || 26-Aug-2014

6/19/2014: ALAMEDA COUNTY (FREMONT) .16% BAC 1st OFFENSE DUI w/ HIGH BAC ENHANCEMENT

Case Conclusion Date: June 19, 2014

Practice Area: DUI / DWI

Outcome: DUI Charges Dismissed: Case Settled for Reckless Driving

Description: This case involved a registered nurse who went out with friends and unusual for him, drank a lot of alcohol and attempted to drive home to Fremont. While driving home, client was stopped by the CHP for driving erratically. Client performed poorly on field sobriety tests and was ultimately arrested for DUI. After his arrest, client submitted to a breath test which showed a BAC of .16%. I initially appeared for client's arraignment, but the DA had yet to file charges, which is pretty common in Fremont these days.

After several months, the client lost his license by way of the DMV hearing which occurred well before the criminal case. Client enrolled in the DUI School to get his restricted license and nearly completed it along with over sixty AA meetings before the District Attorney finally got around to charging his case. As a registered nurse and the sole breadwinner for his family, it was critical that we minimize the impact of this DUI case which he was going to have to report to the Board of Registered Nursing ("BRN").

Although things looked bleak initially, I took the extra time at the Pre-Trial Conference to ask the District Attorney every which way I could to reduce the offense. Finally, the District Attorney relented and agreed to dismiss the DUI charges for a plea to reckless driving ("wet reckless"). The DUI charges and enhancement were dismissed and the client enthusiastically accepted the offer which included the following sentence of three years informal court probation, a fine of approximately $2,000, a three month DUI School, and one day of SWAP (community service) in lieu of actual jail time. Since the case was reduced, client was NOT required to install an ignition interlock device ("IID") as is required for all DUI convictions in Alameda County.

Honestly, I was even surprised by the result in this case, but in the end it proved the point that I've always made which is that you can't get anything unless you ask for it! Client's license was suspended for thirty days and subsequently restricted for work purposes for five months. Client was truly sorry for his DUI arrest and I'm confident that I won't hear back from him until the time comes to expunge his reckless driving conviction.