DUI Case Results

Below Are A Few Examples of How Results Can Vary

DUI .21% BAC:

RESULT - "PUBLIC INTOXICATION" - NO DUI & NO LOSS OF DRIVER'S LICENSE.

Young Shasta County resident, beginning a career with the Forestry Service, was arrested for driving with a .21 BAC. Mr. Hamilton was able to get the DUI reduced to "public intoxication." He also prevailed at the subsequent DMV hearing. Result: Small fine - no probation, no SR-22, no DUI school, No Jail (CTS), No Victim Impact Panel Classes (VIP), no alcohol terms, no Ignition Interlock Device (IID), no job loss, and no loss of client's driver's license. Brian B. (Both Superior Court & DMV).

DUI .18 BAC:

RESULT - "DRY RECKLESS" - NO DUI & NO LOSS OF DRIVER'S LICENSE.

Government brought charges against man for driving with a .18 BAC. He was ACQUITTED of all DUI charges (Veh. C. §§ 23152(a), 23152(b)). Result: Plead to a dry reckless and remaining charges amounting to a small fine & summary probation - no jail, never lost his driver’s license, no DUI school, no VIP Classes, no alcohol terms, and no Ignition Interlock Device (IID). Ken S. (Both Superior Court & DMV).

DUI .12 BAC:

RESULT - HUNG JURY (11 of 12 Jurors for Not Guilty) ENTIRE CASE DISMISSED.

Mr. Hamilton represented a soldier who had recently completed a 15-month tour in Kuwait and was recommeded for a "Purple Heart." The soldier was accused of driving under the influence of alcohol with a .12 BAC (Note: the prosecution was unsucessful in their attempt to amend the complaint adding injury to a passenger). After a 6-day trial, the jury returned on the 7th day with an 1 to 11 decision in favor of the soldier. The 11 jurors who voted Not Guilty, waited in the hallway and outside the building to shake hands with Mr. Hamilton and his client as they exited the courthouse. The jurors, some with tears in their eyes, explained that the one hold-out juror had made up her mind early on and simply refused to listen to the evidence and the law. In sum, the Government failed to prove its case and the action was dismissed in the Superior Court. At DMV, reduced suspension terms were negotiated. Jeff J.

(Note that a .08 BAC or more DUI arrest causes two separate and distinct actions - one by the court and one by the DMV).

DUI .14 BAC (PAS)/.12 BAC (EPAS):

RESULT - HUNG JURY (9 fo 12 Jurors for Not Guilty) ENTIRE CASE DISMISSED

Young single working mother with two small children was accused of Driving Under the Influence of Alcohol in Anderson, California. Officer testified at trial that client did poorly on the Standardized Field Sobriety Tests (SFSTs), blew a .14 BAC on the roadside breath test (PAS), and a .12 BAC at the jail (EPAS). After approximately 6 hours of jury deliberation, the Foreperson held back her tears as she announced to the Court that the jury was deadlocked - 9 jurors voted not guilty and 3 jurors voted guilty. After a 4 day jury trial in Shasta County, the entire case was then dismissed. Amelia C.

(Note that a .08 BAC or more DUI arrest causes two separate and distinct actions - one by the court and one by the DMV).

DUI .094 BAC (PAS) & .09/.08 BAC (EPAS)

RESULT - MOTION TO SUPPRESS GRANTED (Penal Code § 1538.5) - ENTIRE CASE DISMISSED.

Woman stopped for weaving between Redding and Shasta Lake City. (Superior Court) Christine, W

(Note that a .08 BAC or more DUI arrest causes two separate and distinct actions - one by the court and one by the DMV).

DUI .10 BAC (PAS) & .09 BAC (EPAS) while on Probation for Prior Offense:

RESULT - "WET RECKLESS" No Probation Violation, No Prior Offense, No Jail Time.

Working single mother (with 3 small children) was charged with DUI, while still on probation for a prior DUI. Mr. Hamilton was able to get the probation violation dismissed and the charges dropped to "Wet Reckless." Result: no prior DUI, no probation violation, and no jail time (Superior Court) Deana B.

Note: A Prior Offense and/or a Probation Violation usually carries 10-days Jail.

DUI .16 BAC (Blood Test), Suspended License, & Unregistered Vehicle:

RESULT - "WET RECKLESS"

After a high speed solo accident on I-5 south near Anderson, California, a 21-year old Oregon woman was arrested for DUI, driving on a suspended license, and driving an unregistered vehicle. Result: Small fine, No jail time, no IID, No Victim Impact Panel Classes (VIP), No Court Ordered DUI Classes, & No alcohol terms (except when driving). (Superior Court) Sarabeth R.

DUI .19/.20 BAC (High BAC) & Two Prior Offenses.

RESULT - Both Prior Offenses Dismissed.

Shasta College student transferring to University of California, Berkeley, was stopped for speeding on Hilltop Drive in Redding, California. Client plead to a High BAC, but both alleged prior offenses were dismissed. (Superior Court) Richard A.

Note: In Shasta County a Second Offense usually carries a $2,500 fine and 10-days Jail; a third offense usually carries 60-days jail.

DUI .12 (PAS) & .09 (EPAS) BAC & CARRYING LOADED GUN IN VEHICLE (Penal Code § 12031):

RESULT: "WET RECKLESS" (Gun Charge Dismissed & Gun Returned)

An Oregon artist was involved in an accident while driving with a .12 roadside PAS Test and a .09 Chemical Test (indicating a declining BAC). The woman was also charged with carrying a fully loaded 45-caliber pistol in her vehicle. Result: DUI reduced to "wet reckless" and gun charge dismissed (gun politely returned). Superior Court. Deberah D.

DUI .10 &.09 BAC & Prior Offense:

RESULT: "WET RECKLESS" - Prior Offense Dismissed.

Redding man stopped for speeding. Charges were dropped to a "Wet Reckless" and the alleged prior offense (within 10-years) was dismissed.

DMV also only suspended the driver's license under the terms of a first offense. (Superior Court & DMV) Kevin, S.

SPOTLIGHTING GAME AT NIGHT:

RESULT - ENTIRE CASE DISMISSED.

Man accused of spotlighting game at night while driving with loaded rifle [Fish & Game Code § 2005(a)] - dismissed. Alexander K. (Superior Court)

THREE COUNTS OF RESIST, OBSTRUCTION, DELAY OF PEACE OFFICER OR EMT (against Police Officer and Two EMTs)

RESULT - ALL THREE COUNTS DISMISSED. Gerald, R. (Superior Court).

CARRYING LOADED GUN IN VEHICLE (Penal Code § 12031):

RESULT - ENTIRE CASE DISMISSED.

Man on probation charged with carrying a loaded firearm in his vehicle - case dismissed. Lynn H. (Superior Court).

WRIT(S) and/or Alternative WRIT OF MANDATE(S) GRANTED by the Appellate Division of the Superior Court (Civil & Criminal).