Typically, all of the courts in Los Angeles county, and there’s a lot of them, will negotiate deals other than DUI’s if you actually blew on the legal limit and the reason for that is because the machine that they’re using — usually the breath machine — has an error rate of .02 either way.
So, there’s an argument even from their own 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 good chance to get something other than a DUI at least in Los Angeles county. For example, the prosecutors could give you what’s called a speed exhibition. It has nothing to do with alcohol. It’s basically just the same as screeching your tires out of a parking lot, for example.
It’s a moving violation. It puts two points on your record, but it’s a heck of a lot better than a DUI. It doesn’t come with all the same punishments as a DUI. It doesn’t have the impact on your insurance that a DUI conviction does. So, obviously, getting a speed contest or an exhibition of speed would be much better than a DUI.
They could also give you a dry reckless, which basically 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 of a reckless-related offense than a driving under the influence-related offense. It would be better.
Although, when you’re talking about really getting a better resolution, getting the speed contest, exhibition of speed or some other non-alcohol-related offense would be the best case scenario if they’re going to give you something less than a DUI.
I’ve also heard and seen and been a part of cases where they give moving violations, like an illegal right turn, speeding, instead of a DUI, but those are very difficult to get in Los Angeles county unless they have a real big problem proving the case against you.
So, if you blew a .08 you definitely want to get an attorney because that attorney is going to be able to do a lot more things in Los Angeles county related to a DUI than they will be able to do if you’re much more than a .08. Of course, .09, .10 you’re in the ballpark of getting a better offer than someone normally would get on a first-time DUI.
Where you might have problems even if you blew a .08 in getting a resolution below a DUI is if you got into an accident, you had some other dangerous factors like a very high speed going over 100 miles an hour.
There’s a whole host of other things that can happen, that can even take people who blow .08’s 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.
So, as you can see as you start to look at this issue and think about it, to have any chance of either getting the case dismissed or getting a lesser offense than a DUI, you’ve got to have a seasoned attorney by your side, armed with all of the mitigating factors related to you in order to try to counter any bad factors that the prosecutors and police are going to bring up to the judge.
Most of the time when you’re negotiating DUI cases in Los Angeles county, the negotiations are between the prosecutor and the defense attorney, so you obviously want to arm your defense attorney with as much information as possible about you.
This includes your circumstances, the day or night of your arrest, what happened, so when they do talk to the prosecutor they have all the information that’s beneficial to you. They’ve got your version of events and they can best represent your interests related to your DUI-related offense.
So, if you blew a .08, pick up the phone. Call us. We’re here ready to help you. I can set-up a face to face consultation with you and start to plan exactly how we’re going to deal with your DUI case.