Attorney Salvages Repeat DUI Offender with .285% BAC
A sales manager was stopped after driving to a stop in East San Diego County, in a path of travel toward the exit of a parking lot. The car’s engine was on, the gear shift in neutral, and the driver’s foot was on the brake pedal. A DUI cop arrived on the scene to find the driver unresponsive. The accused DUI driver sat on the curb near the vehicle, with the car 3 to 4 feet away from the curb in the parking lot’s path toward the exit. He had a sleepy look to him, his eyes were red and glossy, and his speech was slurred. He believed the time was 7 pm when it was 5:30 pm, after admitting drinking 2-3 drinks before driving.
The police checked the alleged DUI driver for horizontal gaze nystagmus, and both his eyes exhibited a lack of smooth pursuit. From the DUI officer’s training and experience, he determined the driver was too intoxicated to have driven a motor vehicle. The accused driver was arrested and the car towed, leading to a mandatory breath or blood sample for evidence if arrested for DUI. If refusing both tests, the DMV would suspend his driver’s license up to 2 years, so the accused driver chose to do a chemical test. At the Sheriff’s Santee Station, he agreed to take a blood test, and the result was .285% BAC.
He had a prior DUI conviction within 10 years, so his DUI lawyer had his hands full. The complaint’s allegations included 90 days in San Diego County Jail. Instead of 90 days in San Diego County Jail, only do 30 days of CPAC (stay at home and always be able to work and go other places including the required alcohol program). Public work service program was also avoided and a nice credit was taken off the big fine.