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Recent DUI Case Results:
DUI Arrest and Charges
30 year old client from out of state. Stopped for no license plates under CA VC5200(a). The breath test at the scene was .100/.109. The officer wrote in the report that the time of the test was 15 minutes after the time of the stop. Four separate field sobriety tests were administered and client was taken to jail by a CHP South officer. At the jail the breath tested at .08/.08 a half hour after the breath test at the scene. The case was filed a standard first offense DUI.

DUI Penalties Faced
Maximum sentence of 6 months in jail plus more than $3000.00 in fines and a loss of driving privileges in this state. Uncertain what the effects would be regarding the driving privileges in the state of residence

Case Conclusion
It took a considerable effort to get any relief in this case because of the high PAS (breath) numbers at the scene. Our office subpoenaed PAS records from CHP, Drager (evidentiary breath records for the device used at the jail) from the Sacramento County Crime Lab and the video from the CHP car camera. Generally, the argument was that this was a rising blood alcohol case, meaning the blood alcohol level was below .08 at the actual time of driving. What ended up being the most helpful piece of evidence we received in response to our subpoena in this case, was the PAS records. The records showed the device was reading more than .01 high on the date it was used on this client and that it had to be recalibrated. Without this critical piece of information the DA was previously unwilling to make any concessions on the proposed sentence. The case did resolve without the time and expense or risk of trial, consistent with this client’s wishes. There were other factors that made this case a potential winner at trial but in the end the preservation of the driving privilege was most important since the client was involved in a domestic issue that could have been compromised. The fines were reduced, there was no time to be served, no DUI school and no loss of driving privileges here or the state of residence.



DUI Arrest and Charges
This 27 year female was arrested trying to get a sick friend home after a visit to a local night club. CHP made contact with the vehicle when it pulled over suddenly, the passenger door flew open and the person threw up. The driver’s breath tested at .106/.113 at the scene after the officer administered five separate field sobriety tests that he said the client failed. Then there was a breath test at the jail nearly an hour later of .08/.08. The case was filed a standard first offense DUI.

DUI Penalties Faced
Maximum sentence of 6 months in jail plus more than $3000.00 in fines and a loss of driving privileges in this state.

Case Conclusion
There were two separate but equally important battles in this case. The first was the DMV hearing and the second was the criminal case. The DMV hearing ultimately resulted in a set aside after a true consideration of all the issues we presented, thanks in large part to a government employee that takes pride in his/her job. The criminal case went on for months while we made multiple attempts to get someone to consider the defense evidence. Finally, we found a person who was willing to exercise some prosecutorial discretion and the case resolved in a way that protected the interests of the client and saved her driver’s license. A very big deal for a young person living alone, with the closet family member an hour and a half away. Again, the subpoenaed evidence was what won the day at DMV and in the criminal case.



DUI Arrest and Charges
30 year old Hispanic male stopped for making a u-turn at a high rate of speed, breaking traction and "Fishtailing." Client tested .086/.088 on the Preliminary Alcohol Screening device (PAS) at the scene .09/.09 at the CHP South office, on the Drager breath machine, 56 minutes after the stop. Case filed by the DA as a standard first offense DUI.

Penalties Faced
Maximum sentence of 6 months in jail plus more than $3000.00 in fines. Because client's employer requires a valid California Driver's License he would have lost his job if we were not able to save his license

Case Conclusion
Argued rising blood alcohol defense and suggested that the officer embellished the facts of the stop and the observations of poorly written field sobriety tests. Case resolved as a Wet Reckless with an acquittal (Helmandollar) on the charge of VC23152(b), which saved this client's privilege to drive and his employment. Lower fines, no jail, no DUI school and no loss of license.
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