DUI Case Results

Below Are A Few Examples of How Results Can Vary

DUI .21% BAC: REDUCED - NO DUI & NO LOSS OF DRIVER'S LICENSE.

Young man 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 alcohol terms, no Ignition Interlock Device (IID), no job loss, and no loss of client's driver's license. Both Superior Court & DMV.

DUI .18 BAC: REDUCED - 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 (dry reckless Plea and remaining charges). Result: Small fine & summary probation -- no jail, never lost his driver’s license, no DUI school, no alcohol terms, and no Ignition Interlock Device (IID). Both Superior Court & DMV.

DUI .12 BAC: HUNG JURY (1 - 11 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 eleven jurors who voted in favor of the defense, 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 obtained.

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

CONVICTED OF DUI WITH HIGH BAC - BUT BOTH ALLEGED PRIOR DUIs DISMISSED.

Shasta College student transferring to University of California, Berkeley, was stopped for speeding. Although BAC was well over .15, Mr. Hamilton was able to get both alleged prior offenses dismissed.

DUI .12 & .09 BAC & CARRYING LOADED GUN IN VEHICLE (Penal Code § 12031): REDUCED TO "WET RECKLESS."

An Oregon artist was involved in an accident while driving with a .12 roadside PAS Test and a .09 Chemical Test (evidencing 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.

SPOTLIGHTING GAME AT NIGHT -- ENTIRE CASE DISMISSED.

Man charged with spotlighting game at night with gun [Fish & Game Code § 2005(a)] - dismissed. Superior Court.

CARRYING LOADED GUN IN VEHICLE (Penal Code § 12031) - ENTIRE CASE DISMISSED.

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

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