Our firm recently achieved a significant reduction in DUI charges to a Wet reckless for a client at the Santa Ana Courthouse. Showcasing our skills in handling complex DUI cases with a detailed, fact-based defense approach.
Case Background: The incident unfolded at a DUI checkpoint, where our client, behind the wheel of a Toyota Highlander, was stopped by law enforcement. The checkpoint was well-marked with signs, cones, and illuminated by overhead spotlights.
Evidence and Observations:
- Law enforcement officers, in full uniform and retro-reflective vests, observed our client exhibiting signs of intoxication, such as bloodshot, watery eyes, and the smell of alcohol.
- Upon inquiry, our client acknowledged consuming a vodka and seven-up earlier.
- A voluntary blood sample was collected by a certified technician and secured for analysis at the Orange County Crime Lab.
Legal Proceedings: Through rigorous scrutiny of the incident details and the procedures at the checkpoint, our legal team formulated a robust defense strategy.
- We scrutinized the blood sample’s handling and analysis process, questioning its accuracy.
- The administration and procedural aspects of the field sobriety tests were challenged, focusing on the specific steps and instructions provided during the tests.
- The rising blood alcohol defense was. At the spear of our strategy for trial.
Outcome: Our persistence in court, coupled with a trial-ready stance, led to a successful negotiation for charge reduction. This outcome was a significant relief for our client, avoiding harsher repercussions. It significantly saved him on his insurance And reduced his fines significantly.
Client Impact: The reduction in charges greatly minimized the legal and personal repercussions for our client. This outcome is a testament to our firm’s capability to navigate the intricacies of DUI cases, ensuring our clients receive a fair and just defense.
What is the difference between a DUI charge and a ‘Wet Reckless’ charge in terms of legal consequences and long-term impact on a driver’s record?
consequences and long-term impact on the driver’s license record is twofold. The first is that the criminal aspect involves three years of probation for a DUI charge, whereas a Wet Reckless is only one year of probation. On top of that, the fines for a DUI charge in the criminal courts are double that of a Wet Reckless. In addition, a DUI conviction in court triggers an additional suspension and can result in more time being spent on either a suspended or restricted license, whereas a Wet Reckless does not trigger any additional DMV suspension.
On the second fold, a Wet Reckless conviction stays on for the purpose of insurance assessments and affects your premium for three years. This is different from a DUI charge that stays on your record for insurance assessments for 10 years.
How did the ‘rising blood alcohol defense’ play a key role in your strategy for this case?
The rising blood alcohol defense is a successful DUI defense that has been around for a long time. It is based on well-grounded science. The rising blood alcohol defense played a part in this case because the blood alcohol or evidential test was 0.09. In addition to that, the preliminary alcohol screening test was at 0.08 in this case. This painted a picture that our client had recently stopped drinking and the alcohol was still absorbing. In other words, the argument that we were prepared to make was that our client was below 0.08 at the time of driving and it was not until the test, which was 20 to 30 minutes later, that his alcohol level went up. Therefore, he was below 0.08 at the time of driving. In addition to that, because this was a DUI checkpoint case, there was no officer observation as far as them observing him drive. In other words, his driving was perfect, and he drove into the checkpoint.
Reach Out for Expert Defense: Facing DUI charges can be daunting, but our team is equipped to defend and guide you through the process. Contact us for a consultation and benefit from a defense strategy tailored to your unique situation.