It's important to remember that in LA County, with its numerous courts, there's often room for negotiation in DUI cases. The breath machine they use, which typically has an error rate of 0.02 either way, can sometimes work in your favor.
So, there's an argument even from their expert that the person might have been a .06, a .07 under the legal limit. Of course, they'll look at the other factors surrounding the case, like how you performed on the field sobriety test, how your driving was, and a host of other factors.
But if you blew a .08 (CALCRIM 2111), you have a promising chance to secure a resolution other than a DUI, especially in Los Angeles County. For instance, the prosecutors could offer you a speed exhibition. This charge is not alcohol-related; it's akin to screeching your tires out of a parking lot.
It's a moving violation. It puts two points on your record, but it's a lot better than a DUI. It doesn't carry the same penalties as a DUI. It doesn't impact your insurance if you have a DUI conviction. Therefore, participating in a speed contest or an exhibition of speed would be preferable to a DUI.
They could also give you a dry reckless, which means you were driving recklessly with no alcohol in your system. They could also give you a wet reckless, which is a step down from a DUI, and it means that you were driving with alcohol in your system.
It's not the same as a DUI, but it's more reckless-related than a driving under the influence-related offense. It would be better. However, a 'wet reckless' charge, which is a step down from a DUI, still carries significant penalties and should not be taken lightly.
However, when it comes to achieving a better resolution, the best-case scenario would be avoiding a conviction for a non-alcohol-related offense, such as a speed contest or exhibition of speed, rather than receiving a DUI.
I've also heard, seen, and been involved in cases where moving violations, like an illegal right turn or speeding, are given instead of a DUI. Still, those are very difficult to get in Los Angeles County unless they have a really big problem proving the case against you.
Negotiation with the Prosecutor for Reduced Charges
When you're facing a .08, the assistance of an attorney becomes crucial. In Los Angeles County, a skilled attorney can wield significant influence over the outcome of your DUI case. They can negotiate a better offer, especially if you're in the range of .09, .10, often leading to a more favorable resolution than a first-time DUI.
Even if you blew a .08, achieving a resolution below a DUI might not be straightforward. If you were involved in an accident or there were other dangerous factors, such as traveling at a very high speed, exceeding 100 miles per hour, your case could become more complex.
A whole host of other things can happen that can even take people who blow .08s out of the realm of getting something less than a first-time DUI.
Also, if you have prior DUI's on your record and you blow a .08, or if you're on probation and you're not supposed to have any alcohol in your system, and you blow a .08, that would create a big problem as far as trying to get something less than a first-time, second-time, third-time or fourth-time DUI, depending on what your criminal record looks like.
Retain a DUI Lawyer
As you navigate this issue, it's clear that to have any chance of either getting the case dismissed or receiving a lesser offense than a DUI, you need a seasoned attorney by your side. A DUI lawyer can effectively present all the mitigating factors related to you to counter any harmful elements that the prosecutors and police are going to bring up to the judge.
When it comes to negotiating DUI cases in Los Angeles County, the key players are the prosecutor and your defense attorney. It's crucial to arm your defense attorney with as much information as possible about you and your circumstances. This ensures they have all the relevant information when they speak with the prosecutor, allowing them to best represent your interests related to your DUI offense.
This includes your circumstances, the day or night of your arrest, and what happened, so they have all the relevant information when they speak with the prosecutor. They've got your version of the events, and they can best represent your interests related to your DUI offense. So, if you blew a .08, pick up the phone. Call us. We're here, ready to help you. I can arrange a face-to-face consultation with you and begin planning how to approach your DUI case.
