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6/16/2014: SAN FRANCISCO COUNTY .17% BAC 1st OFFENSE DUI w/ FORCED BLOOD DRAW "REFUSAL"

Posted By Nors Davidson || 1-Jul-2014

6/16/2014: SAN FRANCISCO COUNTY .17% BAC 1st OFFENSE DUI w/ FORCED BLOOD DRAW "REFUSAL"

Case Conclusion Date: June 16, 2014

Practice Area: DUI / DWI

Outcome: ENHANCEMENT DISMISSED & 3 MONTH DUI SCHOOL & NO SWAP

Description: This was an interesting DUI case which again demonstrated the value of an experienced and dedicated DUI attorney in San Francisco. Client was stopped by SFPD for a tail light violation on a moped. It was early in the morning and client had been drinking, so the client's temper overtook the situation and the arresting officer ultimately wrote the case up as a "refusal" since the client wouldn't submit to a breath or blood test. Not to be denied, the arresting officer obtained a search warrant to force the client to give a blood sample which was subsequently tested at .17% BAC.

Thankfully, client did not need to drive, because the refusal was a difficult case for the DMV and client's license was suspended for one full year without a restricted license available. Conceding the DMV, we put the full weight of our defense into the criminal case which we were able to settle today for a dismissal of all enhancements and a highly reduced sentence, considering the District Attorney's original offer at arraignment.

In the end, client was convicted of DUI, but received the minimum sentence of three years informal court probation, fine of $1,858, THREE MONTH DUI School (vs. 9 month) and NO jail, SWAP or community service. I think I helped client accept responsibility for this one, but am most grateful that I saved the client months of her life in DUI School and SWAP and thousands of dollars that the client really needed. This case showed again why an experienced DUI attorney, especially in San Francisco, can make all the difference in almost any DUI case.