P v Eric H
Eric was stopped by CHP for making a right turn on a red light without stopping. He did the roadside field sobriety tests, refused the roadside (pre-arrest) breath test (which he has a right to do). After being arrested Eric then refused any chemical testing (this is the test that California law says you are required to take). The officer then obtained a warrant and took Eric to the hospital for a blood draw. Though not on probation, Eric also had a prior DUI within 10 years.
The blood test came back .13 and Eric was charged with (1) driving under the influence of alcohol and (2) driving with a BAC of .08 or more. He was also charged with two enhancements: (1) prior DUI and (2) refusing to take a post arrest chemical test.
Result: The District Attorney dropped all charges and enhancements and Eric plead to a wet reckless (meaning no enhancements, no ignition interlock (IID), 12-hour DUI school instead of an 18-month DUI school, no jail instead of the minimum 10-days on a second offense, no alcohol terms except when driving, no license suspension by the court, and a lesser fine).
Practice area(s): DUI / DWI