Recently in Northern California our client was involved in a traffic collision on a highway, hitting a brand-new cargo trailer connected to a tractor truck and causing a third vehicle to drive into a ditch in order to avoid a collision. Law enforcement quickly arrived on scene and immediately noticed that our client was stumbling, had a strong odor of alcohol, and appeared to be making little sense. After confirming that our client was the driver that caused the collision, the officer had our client submit to field sobriety testing. Our client did not perform well on the field sobriety tests and was arrested after blowing a .27/.26 on the preliminary alcohol screening. It was later determined by a blood test that our client’s blood alcohol content (“BAC”) was .21.
Our client was subsequently charged with violating Vehicle Code section 23152 (a) and Vehicle Code section 23152(b), “DUI,” with an enhancement pursuant to Vehicle Code sections 23538(b)(2) and 23578 for having a BAC of greater than .20. After speaking to our client regarding the incident, he informed us that he had no memory of the incident and was intoxicated to the degree that he was “blacked out.”
Our client is not a United States citizen and is lawfully in the United States under the “Deferred Action for Childhood Arrivals” (“DACA”) immigration policy. Under the DACA eligibility requirements, a DUI conviction would have significant and severe adverse immigration consequences and would likely lead to our client’s deportation.
Our office gathered equitable documentation on behalf of our client showing that he had no prior criminal contacts, had recently graduated from a university with a degree in Chemical Engineering, was working full-time as an engineer at a mining supply company, and had volunteered within his community and his local church.
Attorney Steve Escovar engaged in negotiations with the prosecutor detailing the negative impact the DUI conviction would have on our client. Amazingly, Attorney Steve Escovar succeeded in reaching a resolution that would protect our client’s immigration status and his future employment opportunities. Our client ultimately pled to a “Wet Reckless,” Vehicle Code section 23103 per Section 23103.5, and “Driving Without a License,” Vehicle Code section 12500 offense with twenty (20) days of work release!
This is an amazing result for our client that avoided jail and DUI convictions!
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