For many of our clients, driving under the influence is the first and only crime they ever commit. Take this example of a recent client, a young college student with no prior criminal record who went out drinking with one of his friends. After a few too many drinks, our client and his friend got into his car. Driving too fast, the client lost control of the car, sending it careening off the road.
A chemical test showed that our client’s blood alcohol concentration (BAC) was 0.22%. Under California Vehicle Code Section 23152(b), a person is presumed to be driving impaired at a BAC of 0.08%, which means our client was at nearly three times the legal limit when tested.
Both our client and his friend were hospitalized with serious injuries. Fortunately, no one else was injured, or killed as a result of the crash.
Finding a Solution to Keep Our Client Out of Custody
A DUI that causes an injury or death can result in severe punishment. In this case, our client was facing up to six years in state prison, as well as having a strike that counted toward California’s three-strikes law, which can result in life imprisonment upon a third conviction.
At the first court hearing, the judge initially wanted to increase the client’s bail and take him back into custody. However, the judge ultimately agreed to allow the client to remain out of custody on his current bail if he wore a Secure Continuous Remote Alcohol Monitor or a SCRAM. This device you wear around your ankle, and it measures your sweat for the presence of alcohol. It will report a violation to the court if the defendant consumes alcohol while wearing the device.
We negotiated a plea agreement with the prosecutor. Our client pleaded guilty and accepted felony probation. The prosecutor agreed that the statutory minimum requirement of 180 days in county jail could be served out of custody through either a work release or house arrest program. The District Attorney also agreed not to object to a reduction to a misdemeanor after 18 months if our client complied with all probation terms without any violations.
A Successful Outcome
A conviction for felony DUI causing injury could have been disastrous, both in the present and in the future. Our attorney was able to help him avoid state prison as well as a strike on his criminal record. Instead of a promising future being cut short by one night of foolishness, our client will be able to resume his college career and pursue career opportunities without being hindered by this unfortunate moment in his life.
Contact the DUI Defense Attorneys at Wallin & Klarich
At Wallin & Klarich, we have more than 35 years of experience fighting to get the best result for our clients who are facing charges of driving under the influence. Our attorneys are always available to answer your questions and will use all of our legal skills and knowledge to help you receive the best possible outcome in your case.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich DUI defense attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will get through this together.