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6/20/2014: ALAMEDA COUNTY (OAKLAND) .11% BAC 1st OFFENSE DUI

Posted By Nors Davidson || 26-Aug-2014

6/20/2014: ALAMEDA COUNTY (OAKLAND) .11% BAC 1st OFFENSE DUI

Case Conclusion Date: June 20, 2014

Practice Area: DUI / DWI

Outcome: DUI Charges Dismissed: Case Settled for Reckless Driving

Description: This case had a lot more at stake than you'd think with a first offense DUI. Client was from Nepal and living in the United States illegally while seeking political asylum. Regrettably, he was pulled over by the CHP for speeding and determined to be DUI after his Field Sobriety Tests and a PAS breath test of .12% BAC. A subsequent blood test only confirmed the fact and returned a .11% BAC.

All DUI convictions in California have a mandatory 48 hour minimum sentence. Although this sentence is usually served through the Sheriff's Work Alternative Program or "SWAP", that program requires booking and being illegal, this client faced a potential ICE hold and even deportation back to Nepal. With the pressure on, we needed to get this case reduced, not just to save the client punishment and money, but to avoid the mandatory minimum sentencing that flows from a DUI conviction.

Gratefully, I was able to settle this case today in Oakland for a dismissal of the DUI charges in exchange for a plea to the reduced charge of reckless driving ("wet" reckless). Client received a substantially reduced sentence of two years of informal court probation, a fine of $1,033 (about half the normal DUI fine), a 12 hour DUI School (again about half the length and cost of the regular DUI School) and most importantly NO jail or SWAP. Since we avoided the DUI conviction in Alameda County we also avoided the mandatory Ignition Interlock Device ("IID") requirement that comes with all DUI convictions in Oakland. At the end of the day, we saved the client thousands of dollars, a hefty punishment and avoided the risk that he would be deported back to Nepal. All in a days work!