Alameda County (Oakland) .21% BAC 2nd Offense DUI w/ Enhancement
Jan 31, 2013OUTCOME: Enhancement Dismissed. 3 Years Probation, $1,900 fine, 9 SWAP, 18 Month DUI School
Client was stopped by the Oakland CHP for speeding and weaving into multiple lanes of traffic in the wee hours of the night. A subsequent breath test returned a single result of .21% BAC, qualifying f ... or the high BAC enhancement. Moreover, Client had suffered a prior DUI conviction within the past five years so this was his second. After winning a SET ASIDE at his DMV hearing, today we settled the criminal case for minimum terms: three years informal court probation, fine of $1,904, 18 month DUI school and only nine days of SWAP in lieu of actual jail. Client's license suspended for ninety days and restricted for 21 months with installation of ignition interlock device ("IID") and SR-22.