Case Conclusion Date:June 10, 2013
Practice Area:DUI / DWI
Outcome:Wet Reckless Conviction
Description:Client is pulled over for “nearly colliding with [a] 6” raised curb” and then “making a wide right turn and temporarily travel[ing] southbound in the northbound lane.” Officer notes a strong odor of alcohol and that client stumbled as she exited her truck. In the truck, client has an open 12-pack of Stella Artois beer with approximately 6 unopened bottles and a few open empties. Client submits to a preliminary alcohol screening (PAS) device test 15 minutes after the stop that shows a blood alcohol concentration (BAC) of .110, .092, and .107. Client submits to a blood test one hour after the stop that returns a BAC of .13. Client’s arrest occurred in a jurisdiction that is part of a pilot program that mandates Ignition Interlock Devices (IID) for persons convicted of 1st DUI offenses. Client works as a nanny and uses her employer’s car to transport the children she takes care of. Client was certain that she would be fired if her employer learned of her DUI arrest. With Client’s primary goal in mind, Mr. Flores negotiated the case early with the District Attorney’s Office. The District Attorney’s Office agreed to reduce the DUI charges to a Wet Reckless given Client’s early acceptance of responsibility, lack of criminal history, the significant impact that losing her job would have to her and her family, and the likelihood that Client’s BAC was rising at the time of the stop. Client was sentenced to three years of probation and a 3 month DUI School. Client was not required to serve any jail time beyond the night of her arrest.