3/28/2014: ALAMEDA COUNTY (OAKLAND) .11% BAC 1st OFFENSE DUI
Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING
Description: Today, I settled a case for a client who was arrested for DUI by the Alameda Police Department after allegedly "rolling" a stop sign. Alameda Police didn't have a PAS device for a breath test and client elected a blood test which ultimately came in at .11% BAC. This was a first offense DUI and client had no prior convictions of any kind, yet, at a .11% BAC by BLOOD test, his fate was very much in doubt. In the end, I succeeded in getting the District Attorney to dismiss the DUI charges in exchange for a plea to a lesser misdemeanor offense of reckless driving pursuant to California Vehicle Code Section 23103.5 ("Wet Reckless").
Client received a significant reduction and was sentenced to two years of informal court probation, fine of $1,033, 3 Month DUI School and NO JAIL OR SWAP. Critically, the dismissal of the DUI meant that client would NOT be required to have a mandatory Ignition Interlock Device ("IID") as all Alameda County first offense DUI convicts are required to do. Client's license was suspended for thirty days followed by five months of restricted driving.
Client accepted responsibility for his actions and the Prosecution recognized this. A "win/win" in my book and another successful case.