DUI BAC .10/.10, Weaving/Straddling, Under 21 Offense Negotiated to Wet Reckless Charge!

My client was originally charged in Count 1 with a violation of VC § 23152(a) and Count 2 VC § 23152(b). CHP officers observed my client weaving in and out of lanes on the I-5 freeway. When the officers observed my client straddling lanes and breaking sporadically, the officers initiated a traffic enforcement stop. After poor performance on the Field Sobriety Tests (“FSTs”), my client submitted to a Preliminary Alcohol Screening (“PAS”) and blew a 0.111/0.113%. During his arrest, my client submitted to a chemical test, as requested by the CHP, and his B.A.C. registered at 0.10/0.10%, above the legal 0.08% limit. In fact, my client was under 21 at the time of the offense and therefore, legally could not drive with any alcohol in his system.

Based on his B.A.C. and the fact that he was under 21 years of age at the time of his arrest, the district attorney’s office originally gave my client the following offer: 36 months of summary probation, 9-month alcohol education program, Mothers Against Drunk Driving Program (“MADD”), and $390 fine plus penalty assessments in exchange for a plea to Count 2.

Recently, at the Santa Clarita Courthouse in Los Angeles County, I was able to negotiate a DUI to a “wet reckless” (VC § 23103/23103.5) on behalf of my client.

My client had no former criminal contacts and was working and going to school full-time. Based on the numerous equitable factors on my client’s behalf, I provided an equities package to the district attorney in an attempt to negotiate for better terms.

After review of the equities package, the deputy

district attorney agreed to allow my client to negotiate to a “wet reckless” (VC § 23103/23103.5) offense with a shorter 3-month alcohol education program and other terms.

My client will no longer be required to install an

ignition interlock device and is now only required to complete the 3-month alcohol program! This is a great result!


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