7/11/2014: ALAMEDA COUNTY (OAKLAND) .15% BAC 1st OFFENSE DUI w/ COLLISION
Case Conclusion Date: July 11, 2014 Practice Area: DUI / DWI Outcome: Probation
Granted: 3 years, 3 Month DUI School, 172 hours Community Service &
$281 Fine Description: I always say first offense DUI cases come in all
different shapes and colors, but are in reality, the same mistake. Take
the case of this client, for example. Client was under 21 and went to
a dinner party where she drank a fair amount of wine. Client didn't
have much experience drinking, much less driving, and no one thought to
get her a ride home. Instead, client attempted to drive home but got lost
and then confused ending up in a ditch after a solo vehicle collision.
Thankfully, no one was injured but when the CHP arrived, the DUI investigation
began. Ultimately, client submitted to two PAS breath tests with results
of .14 and .15% and she was arrested. Client then submitted to two "evidential"
breath tests which had identical results. Although this client had made
a terrible mistake, she now faced a criminal prosecution in court and
it's an unwritten fact that the district attorney's like to enhance
the punishment for any DUI related collision case.
Nevertheless, we presented our best to the prosecutor who graciously allowed
us to resolve the DUI case for BELOW the minimum sentence possible. Client
was convicted of DUI and received three years informal court probation,
a 3 month DUI School; reduced fine of $281; 172 hours Community Service
and NO additional jail or SWAP. As client was under 21 at the time of
the DUI arrest, her license was suspended by DMV for one full year with
no restriction. Like most DUI's, this was a stupid mistake, but I'm
confident that this client learned her lesson and will never get a DUI again.