DUI Blogger

Most people convicted of a California DUI get probation. This usually lasts from three to five years, and includes certain "terms and conditions." Violating the terms and conditions subjects the person to a probation violation, and possible jail time.

One standard term of probation in California DUI cases is that the person "not operate a motor vehicle with any measurable amount of alcohol in your system." This means if the person gets stopped and blows even a .01 BAC, he is in violation of his probation. In other words, he cannot drink and drive, period.

In reality, most people on California DUI probation violate this term. Most are at least social drinkers, and they continue to drink and drive, but are just much more careful. But by doing so, they take a considerable risk. A probation violation can subject them to six months or more of jail time.

Continue reading "Zero Tolerance Law in DUI Probation" »

Riverside remains one of the few counties in California to impose jail time systematically for first-time DUI offenders. Those convicted of first offense DUI generally receive between six to ten days of jail. This could be served at the Robert Presley Detention Center or Southwest Detention Center, or most of the time the person could opt for work sentence instead of actual jail time.

Riverside DUI lawyer Mike Scafiddi believes the policy is unduly harsh. "All counties impose some jail time for repeat offenders. But Riverside is one of the few counties that gives jail time for all first-time DUIs, even when there are no aggravating circumstances."

The sentencing policy is consistent with Riverside's reputation as being very conservative and tough on crime. The Riverside D.A.'s office seeks jail or prison time on most cases. A typical conviction in Riverside results in harsher sentences than a conviction for a comparable crime in a neighboring county.

California Vehicle Code 23109 defines the misdemeanor crime of “speed contests” or “exhibition of speed.” Quite literally, this means a motorist on a highway racing against another vehicle or a timing device. We usually call this activity “drag racing” or “street racing.”

Prosecutors do indeed charge Vehicle Code 23109 for people arrested for actual exhibition of speed. But the statute is also commonly used as a lesser offense agreed to through California DUI plea bargaining. That is, prosecutors often agree to reduce DUI charges to a “speed ex” in an effort to settle the case.

Generally speaking, a defendant prefers a speed ex conviction to a DUI. The speed ex does not trigger a license suspension, and carries no mandatory penalties such as DUI school or jail time. Moreover, a speed ex does not count as a “DUI prior” on one’s record. If the charge gets reduced to a speed ex, and the defendant subsequently picks up another DUI, the new DUI will get treated as a first offense.

Continue reading "Reducing a DUI Charge to “Exhibition of Speed”" »

Much of the negotiations between prosecutors and DUI defense attorneys involve reducing a DUI charge to a wet reckless or a dry reckless. Both of these reduced charges fall under California Vehicle Code 23103, the statute defining reckless driving.

The difference between the two is that a “wet reckless” is a special form of reckless driving in which the record of conviction specifies that alcohol was involved. The “wet” version of reckless driving counts as the functional equivalent of a DUI conviction.

Suppose, for example, that a person pleads guilty to a reduced charge of wet reckless. Now suppose he gets arrested and convicted of a DUI charge within 10 years. The new DUI will count as a second offense, and second-time penalties are exponentially greater. Even though the first DUI got reduced to a wet reckless, the law still treats it as a prior DUI conviction.

Continue reading "Wet Reckless vs Dry Reckless Charge Reductions" »