Amazing Result in a .33/.32 DUI/Hit and Run Case! No Jail!

Recently, in Los Angeles County, my client was arrested for allegedly violating four counts of the Vehicle Code with a high blood alcohol level enhancement and was subsequently charged with violating Vehicle Code section 23152(a) (“DUI”), Vehicle Code section 23152(b) with an enhancement pursuant to Vehicle Code section 23538(b)(2) for having a blood alcohol concentration of 0.20 percent or more, Vehicle Code section 12500 (driving without a valid driver’s license), and Vehicle Code section 20002(a) (Hit and Run Driving Resulting in Property Damage).

According to the police reports, our client was driving through a residential neighborhood when he hit a parked car and continued to drive without stopping or exchanging information with the vehicle’s owner. A witness observed our client hit the vehicle and drive away so the witness followed our client and called 911. Shortly thereafter, CHP officers arrived to the scene and, based on objective signs and symptoms of alcohol intoxication shown by our client, such as red and watery eyes, slurred speech, and a strong odor of alcohol emitting from our client, the CHP officers then began a DUI investigation.

Our client performed poorly on the Field Sobriety Tests and was arrested for driving under the influence. Our client submitted to a chemical breath test that determined our client’s blood alcohol concentration was at a 0.33/0.32.

After strenuously negotiating the case and presenting mitigating documents, we were able to have the prosecution agree to allow our client to plead to Count 2, the Vehicle Code section 23152(b) offense, only and all of the other counts were dismissed. We were also able to save our client from serving jail time despite the unusually high blood alcohol concentration our client had.

This is a great result for our client!

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