San Jose Second Offense DUI

Second Offense DUI cases in the San Francisco Bay Area are handled very differently depending on the county of arrest, facts of the case and the views of the District Attorney. Many factors affect DUI sentencing on second offenses and therefore punishments can vary widely making it crucial that you're represented by an experienced San Francisco Bay Area DUI lawyer who knows what to ask for during settlement negotiations and is ready to fight if settlement fails.

San Jose second offense DUI cases are misdemeanors and prosecuted under the same statute as all non injury California DUI's, Vehicle Code Section 23152, which states:

CALIFORNIA VEHICLE CODE SECTION 23152 DRIVING UNDER THE INFLUENCE OR DUI

(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

A second offense DUI is a DUI arrest that occurred with ten (10) years of any prior DUI or wet reckless offense.  The date is triggered by the prior DUI arrest, not the date of DUI conviction. Stale priors are DUI offenses that are outside the ten year window and technically cannot be used to elevate a second DUI offense, however, they can still be considered by the district attorney or judge when determining punishment on the new DUI offense.  Moreover, the length of time between the first and second DUI arrests is often critical.  DUI priors over seven years old are not as bad as three years old.  Indeed, the DUI second offender may still be on probation for the first DUI or even worse driving on a suspended license pursuant to California Vehicle Code Section 14601.2.  Second offense DUI's are misdemeanor offenses unless the new arrest involved a collision with injuries, child endangerment or the prior DUI arrest was a felony DUI. Otherwise, second offense DUI's are generally handled the same as first offense DUI's in the court with some differences.  

The first difference between a first and second offense DUI arrest will be noticed at the time of release.  Almost all DUI first offenders are taken to jail after arrest and ultimately released with a citation and promise to appear for a given court date, or arraignment.  This is mostly true of second offense DUI's as well, but not always.  You should know that if you've been arrested for a second offense DUI in the Bay Area, there's a chance that you will not be released unless you post a bail bond.  Bail bonds for second offense misdemeanor DUI's are rarely in excess of $10,000, an amount which is typically paid by a bail bondsman for a non refundable ten percent premium or $1,000.  

If the DUI arrestee cannot afford the bail bond, they will remain in custody until their first court appearance or arraignment.  The arraignment hearing will be held before a judge within a few court days and the judge will then either release the defendant without bail or allow release with conditions. Typical pretrial release conditions for second offense DUI's can include an order to attend AA meetings and seek treatment, an order to not drive, or a SCRAM order, which is a costly electronic device that the defendant must wear that will notify the court if he or she has consumed any alcohol.  Judges can get creative with pretrial release orders, so it's critical for a skilled DUI defense attorney to negotiate the most favorable conditions, i.e. AA meetings over SCRAM, because these conditions will remain in effect until the case is concluded.    

Second offense DUI's are subject to all of the same potential DUI enhancements as a first offense DUI which include collisions, high blood alcohol, refusals, child endangerment, speed enhancements, etc.  Of these, a refusal on a second offense is the strictest punishment since the DMV will suspend a second DUI offender's license for a minimum two years with no restricted license if he or she is found to have knowingly refused a chemical test.  Second offense DUI cases in the Bay Area have the potential of actual jail and for this reason should not be trusted to inexperienced DUI attorneys or traffic ticket lawyers.

San Francisco DUI .14% BAC Second Offense DUI Collision and Refusal Enhancement

Case Conclusion Date: 12.21.2023

Practice Area: San Francisco DUI and DWI

Outcome: Probation Granted: 3 Years, $1900 Fine, 18 Month DUI School, 1 MADD Class, 1 Year IID and NO JAIL OR SWAP. REFUSAL WON AT DMV

Description: Client was arrested for DUI by the San Francisco Police Department after she collided with three parked cars. Client submitted to PAS with results of .14% BAC and a later blood test which returned a result of .13% BAC. Complicating matters further, client had suffered a prior DUI conviction in San Mateo County in 2016. Today, we settled the case for Probation Granted: 3 Years, $1900 Fine, 18 Month DUI School, 1 MADD Class, 1 Year IID and NO JAIL OR SWAP. Considering that second offenses typically get around 30 days SWAP, this was an exceptional result only matched by the fact that we convinced the DMV to drop the Refusal Allegation which would have resulted in a two year license suspension.  Instead, Client was immediately able to get a restricted license with installation of the IID.

Santa Clara County San Jose DUI .19% BAC Second Offense DUI Probation Violation  High BAC Enhancement

Practice Area: San Jose DUI and DWI

Date: Nov 21, 2023

Outcome: PROBATION GRANTED: 4 Years, 22 Days SWAP, 18 Month DUI School, 1 Year IID and NO FINES OR FEES

Description: Client was found passed out at the wheel of her vehicle at a stop light in Santa Clara. After field sobriety tests, client submitted to a PAS test with results of .22, .19 and .20% and was arrested by the Santa Clara Police Department for DUI. Client had suffered a prior DUI conviction just two years prior so she was still on active probation for that offense. Today, I settled clients case for: PROBATION GRANTED: 4 Years, 22 Days SWAP, 18 Month DUI School, 1 Year IID and NO FINES OR FEES. Since we were able to avoid client admitting a probation violation, she might be eligible for a "restricted license" and by arguing inability to pay fines, she saved approximately $2,500.

San Francisco DUI Second Offense DUI Drugs

Practice Area: San Francisco DUI and DWI

Date: Jul 20, 2023

Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 1 Year Probation, $800 Fine, 12 Hour DUI School, 1 MADD Class & NO LICENSE SUSPENSION

Description: Client was arrested for DUI by the CHP after he was found asleep in his car at the Golden Gate Bridge toll plaza. Client had a prior DUI within ten years and submitted to a blood test which was positive for Xanax and Marijuana. After two years, I finally settled this case for a tremendous result: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 1 Year Probation, $800 Fine, 12 Hour DUI School, 1 MADD Class & NO LICENSE SUSPENSION. By resisting the temptation to settle this case early, I saved this client more than triple the amount he paid me and gave him an opportunity to turn his life around.

Mendocino County Fort Bragg DUI .22% BAC Second Offense DUI High BAC Enhancement

Practice Area: Fort Bragg DUI and DWI

Date: Feb 07, 2023

Outcome: ALL DUI CHARGES DISMISSED

Description: Client was in a real jam. Having been previously convicted of DUI and planning on moving out of state, Client was found by the CHP in her parked vehicle outside of a liquor store in a heavily intoxicated state. After her arrest for DUI, client submitted to a blood test which returned a BAC result of .22%. Ideally, I was hoping to resolve this case without client being ordered to return to California. Today, however, I did one better. Upon learning of misconduct by the arresting CHP officer, the district attorney agreed to DISMISS ALL CHARGES.

Alameda County Dublin DUI .10% BAC Second Offense DUI

Practice Area: Dublin DUI and DWI

Date: Nov 28, 2022

Outcome: DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING: 1 Year Probation, $833 FINE; and 12 Hour DUI School

Description: Client was stopped by the California Highway Patrol ("CHP") after he was observed weaving and driving erratically on I-880. Client performed poorly on field sobriety tests and submitted to two PAS breath tests with results of .12% and .11%. Client was then arrested for DUI and later submitted to a blood test with result of .10% BAC. Today, we successfully resolved clients case for a reduction to "reckless driving" and no admission of his prior offense. Client sentenced to one year of probation, fine of $833 and a 12 hour DUI School.

San Mateo County DUI Second Offense DUI Drug Refusal JURY TRIAL

Practice Area: South San Francisco DUI and DWI

Date: Nov 10, 2022

Outcome: CLIENT ACQUITTED OF ALL CHARGES BY JURY VERDICT OF NOT GUILTY

Description: Client had a prior DUI conviction when he called the SSF Police about a suspicious vehicle he observed in his neighborhood. Upon arrival, the police immediately suspected client of being under the influence of Meth and a surreptitious DUI investigation ensued. Client refused to cooperate and was later charged with a "refusal" allegation as well. This case began with a win or "set aside" at the DMV hearing and today the criminal case was resolved after a week long jury trial. The jury deliberated just over an hour before rendering a verdict of "not guilty". Client avoided conviction and license suspension for all charges: a total win.

Santa Clara County San Jose DUI .29% BAC Second Offense DUI High BAC Enhancement

Practice Area: San Jose DUI and DWI

Date: Apr 20, 2022

Outcome: Probation Granted: 4 Years, $2,000 fine, 18 Month DUI School, 40 Days Weekend Work, 1 Year IID and NO ACTUAL JAIL.

Description: Client had previously been convicted of DUI in San Francisco and was currently on a grant of diversion for a drug case in Palo Alto when she was driving and got a flat tire on N/B 85 at Camden. The CHP arrived and client submitted to two PAS tests with results of .24% and .28% BAC. Client was arrested and later submitted to two breath tests at the station with results of .27% and .29% BAC. Today we settled this tough case for NO ACTUAL JAIL. Client sentenced to four years probation, fine of $2,000, 40 days of Weekend Work and one year of an ignition interlock device ("IID") and the 18 month DUI School.

San Mateo County Redwood City DUI .19% BAC Second Offense DUI High BAC Enhancement

Practice Area: Redwood City DUI and DWII

Date: Feb 08, 2022

Outcome: Probation Granted: 4 Years, $1,879 Fine, 18 Month DUI School, 9 Days SWAP; NO IID ORDER

Description: Client was found asleep in her car in the afternoon while waiting in a fast food drive thru. The Redwood City Highway Patrol conducted a cursory DUI investigation and client refused to take the PAS breath test. At the station, however, client did submit to two breath tests both with the same high result, .19% BAC. Client charged with second offense DUI because of a 2014 prior offense. We concluded the case today for a fair sentence: three years informal probation, fine of $1,879, 18 Month DUI School and after credits, 9 actual days of weekend work in lieu of jail. License suspended for two years. NO IID ORDERED BY COURT.

San Mateo County DUI .18% BAC Second Offense DUI High BAC Enhancement

Practice Area: South San Francisco DUI and DWI

Date: Jan 12, 2022

Outcome: ENHANCEMENT DISMISSED & PROBATION GRANTED: 3 years, $2,000 fine, 18 month DUI school & 18 days SWAP.

Description: Client stopped by the California Highway Patrol for speeding on I-280. Client submitted to PAS test with results of .19% and .20% BAC and was subsequently arrested for DUI. Client taken to police station where she completed two more breath tests both resulting in .18% BAC. Today, we settled this case for a dismissal of the high BAC enhancement and no actual jail. Client sentenced to three years probation, fine of $2,000, 18 Month DUI School and 18 days of weekend work in lieu of actual jail.

Santa Clara County Palo Alto DUI .23% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: Palo Alto DUI and DWI

Date: Dec 08, 2021

Outcome: Probation Granted: 4 Years, $2,359 Fine, 18 Month DUI School, 18 Days SWAP & 1 Year IID

Description: Client collided with white line delineators at the exit of US 101 and Middlefield Road. Although there was little damage, the collision was observed by California Highway Patrol Officers (CHP) who immediately began an investigation. Client refused the PAS breath test and ultimately agreed to a blood test which returned a result of .23% BAC. This was client's second DUI in five years and the prior was also in Santa Clara County. Strangely enough, I was able to actually negotiated a BETTER result today for the present case than her other attorney who represented her on her first DUI. Client received the following sentence: 4 years court probation, $2,359 fine, 18 month DUI school, 1 year IID and 18 days of Weekend Work in lieu of actual custody. Pretty good considering her previous DUI attorney negotiated a sentence of 35 days Weekend Work on her first offense. Who you hire really matters!

San Mateo County DUI .21% BAC Second Offense DUI High BAC Enhancement

Practice Area: South San Francisco DUI and DWII

Date: Nov 24, 2021

Outcome: Probation Granted: 3 Years, $239 Fine, 20 days SWAP, 18 Month DUI School and 1 Year IID

Description: Client was stopped by the California Highway Patrol in Southbound I-280 after a report by a concerned citizen of weaving and erratic driving. Client submitted to a PAS breath test with results of .22% BAC and a later breath test at the station of .21% BAC. Client had previously suffered a DUI conviction in 2014 thus making this his "second offense." Today we settled the case for a non jail resolution: three years informal court probation, fine of $239, 20 days of weekend work/SWAP in lieu of jail, 18 month DUI school and one year of an ignition interlock device ("IID"). Client's license suspended, however, he is now eligible for a "restricted license."

San Francisco DUI .09% BAC Second Offense DUI

Practice Area: San Francisco DUI and DWI

Date: Aug 23, 2019

Outcome: DUI CHARGES DISMISSED: Case reduced to Reckless Driving: 3yr Probation, $909 & 9 Month DUI School

Description: Client was stopped on the Bay Bridge by the CHP for driving with an expired registration. Client submitted to PAS test with results of .08 and .09% BAC. Client then submitted to a breath test at the station with the exact same results. Client then submitted to a blood test which came in at a .08% BAC. Client had previously been convicted of a DUI approximately 9 years prior to this arrest, so he was facing a second offense with pretty steep probation terms. After nearly two years, today we settled the case for a very favorable result: DUI charges were dismissed and client accepted offer of "reckless driving" (wet) for three years of probation, fine of $819, and 9 month DUI school. Client not sentenced to ANY jail, SWAP or community service.

Marin County DUI .09% BAC Second Offense DUI

Practice Area: San Rafael DUI and DWI

Date: Jan 08, 2019

Outcome: Probation Granted: 3 Years, $2500 Fine, 18 Month DUI School 9 Days SWAP & 2 Years IID

Description: Client arrested for DUI by the CHP after being observed speeding. Client had prior conviction for DUI. PAS results of .10% and .09% BAC with later Breath Test of .09% BAC. Settled case today for Probation Granted: 3 Years, $2500 Fine, 18 Month DUI School 9 Days SWAP & 2 Years IID.

San Francisco DUI .21% BAC Second Offense FELONY DUI Injury Collision High BAC Enhancement

Practice Area: San Francisco FELONY DUI and DWI

Date: Oct 16, 2017

Outcome: MISDEMEANOR: Probation Granted 3 Years Formal, 18 Month DUI School, 4 Days of SWAP, IID & Restitution.

Description: Client arrested by San Francisco Police Department for Felony DUI with injuries. Client had prior felony DUI out of Yolo County. Settled today for MISDEMEANOR: Probation Granted 3 Years Formal, 18 Month DUI School, 4 Days of SWAP, IID & Restitution.

Santa Clara County Palo Alto DUI .11% BAC Second Offense DUI Collision

Practice Area: Palo Alto DUI and DWI

Date: Sep 26, 2017

Outcome: Probation Granted: 4 Years, Fine $1950, 18 Month DUI School & 184 hours of Community Service

Description: Client arrested by CHP for DUI after being involved in collision. Client had previously been convicted of DUI. PAS .14% and .12% BAC with later Blood Test of .11% BAC. Settled case today for Probation Granted: 4 Years, Fine $1950, 18 Month DUI School & 184 hours of Community Service.

Marin County DUI .22% BAC Second Offense DUI High BAC Enhancement

Practice Area: San Rafael DUI and DWI

Date: Sep 05, 2017

Outcome: Probation Granted: 3 Years, Fine $2348, 18 Month DUI School, 12 Days SWAP & 2 Days Actual Jail.

Description: Client arrested by Fairfax Police Department after 911 call and submitted to PAS with .20% and .18% BAC and subsequent breath tests of .22% and .21% BAC. Client had prior DUI so settlement was tough, Probation Granted: 3 Years, Fine $2348, 18 Month DUI School, 12 Days SWAP & 2 Days Actual Jail.

Santa Clara County San Jose DUI .08% BAC Second Offense DUI

Practice Area: San Jose DUI and DWI

Date: Jun 27, 2017

Outcome: Probation Granted: 3 Years, $1950 Fine, 18 Month DUI School & 14 Days SWAP

Description: Client stopped by CHP for speeding and submitted to PAS with results of .08% and .09% BAC before arrest for DUI. Later breath test came in at .08% BAC. Settled case today for three years probation, Fine of $1950, 18 Month DUI School and 14 days of SWAP in lieu of jail.

San Francisco DUI .25% BAC Second Offense DUI Collision Resisting Arrest and Driving on Suspended License 14601.2

Practice Area: San Francisco DUI and DWI

Date: Jun 08, 2017

Outcome: Client Substituted Another Attorney for Trial: Client Convicted

Description: I worked this case for over a year to get client a very good settlement, however, she rejected it and decided to hire another lawyer to take her case to trial. I heard that they lost and she received a very harsh sentence.

Alameda County Oakland DUI .14% BAC Second Offense DUI

Practice Area: Oakland DUI and DWI

Date: Sep 15, 2016

Outcome: DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 3 Years Probation, $2044 Fine, 18 Month DUI School & 4 Days SWAP

Description: Client arrested by CHP at a DUI Checkpoint. Settled the case today for DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 3 Years Probation, $2044 Fine, 18 Month DUI School & 4 Days SWAP.

Santa Cruz DUI .20% BAC Second Offense DUI High BAC Enhancement

Practice Area: Scotts Valley DUI and DWI 

Date: Jul 13, 2016

Outcome: Settled case today for Probation Granted, 3 Years, $2500 Fine & 17 Days SWAP

Description: Client arrested by Scotts Valley Police Department after being observed driving too slowly. PAS .20% BAC and Blood test of .20% BAC. Settled case today for Probation Granted, 3 Years, $2500 Fine & 17 Days SWAP.

Monterey County Salinas DUI .17% BAC Second Offense DUI High BAC Enhancement

Practice Area: Salinas DUI and DWI

Date: Jun 23, 2016

Outcome: Probation Granted: 5 years, 14 SWAP, 18 Month DUI School, 1 yr IID

Description: Client stopped for weaving by CHP. Breath test of .17% and a prior DUI 8 years ago. Settled case today after hounding the DA to finally give in and reduce the sentence by 10 days. Client sentenced to 5 years informal probation, Fine of $1,950, 18 month DUI school, 14 actual days SWAP (no jail) and 1 year of IID. 

San Francisco DUI .38% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Jun 22, 2016

Outcome: CASE DISMISSED 

Description: Blood test of .38% BAC, but DA and CHP fail to file within one year statute of limitations. Case dismissed. 

San Mateo County DUI .15% BAC Second Offense DUI Probation Violation

Practice Area: Pacifica DUI and DWI

Date: May 04, 2016

Outcome: Probation Granted: 4 Years, $1,949 Fine, 18 Month DUI School & 20 Days SWAP 

Description: Pacifica Police arrest client for DUI after being observed driving with a headlight out. Client still on probation for San Mateo County DUI.

San Mateo County Redwood City DUI Second Offense DUI Refusal

Practice Area: Pacifica DUI and DWI

Date: Mar 23, 2016

Outcome: Probation Granted: 3 years, $239, 18 Month DUI School; 29 Days SWAP

Description: Client stopped by Pacifica Police Department for speeding in excess of 30 mph over the limit and weaving. Client refused PAS and breath/blood tests, a fact that was further complicated by the client having been convicted of two prior DUI's, one of which was more than ten years old. So, this was technically his THIRD DUI. Settled the case today for modest punishment since the refusal and speed enhancements were dismissed. No IID ordered and client's fine heavily reduced.

Santa Clara County Palo Alto DUI .17% BAC Second Offense DUI High BAC Enhancement

Practice Area: Palo Alto DUI and DWI

Date: Nov 16, 2015

Outcome: Probation Granted: 3 years, $1,950 fine, 18 month DUI School, 14 SWAP

Description: I'm not happy to be representing the same client twice, although I am flattered that he didn't hesitate to call me again. Settled a bad case today in Palo Alto where client was stopped by CHP for weaving and PAS test came in .17% BAC and Blood test at .17% BAC. Client had prior DUI that I got reduced to reckless driving in 2011. Settled case today for probation and no actual jail.

San Francisco DUI Second Offense DUI Refusal

Practice Area: San Francisco DUI and DWI

Date: Nov 12, 2015

Outcome: Probation Granted: 3 years, $2,000 fine, 18 Month DUI School, 4 SWAP

Description: Client arrested by CHP for second DUI. Allegedly refused test, so police got a warrant for blood draw which came in at .14% BAC. Settled the case today for three years formal probation, fine of about $2,000, 18 month DUI School and 4 days SWAP in lieu of jail. Two year license revocation.

Napa County DUI .25% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area:  Napa DUI and DWI

Date: Nov 10, 2015

Outcome: Probation Granted: 4 Years, Fine $3,500, 4 days SWAP, 1 year IID

Description: Client on DUI probation. Minor collision, PAS test .25% BAC and Blood .25% BAC. Got client into treatment and hopeful for long term recovery. Client sentenced today to 4 years formal probation, 1 year IID, 4 days of SWAP and fines of about $3,500.

Contra Costa County Pittsburg DUI .18% BAC Forced Blood Draw Second Offense DUI Refusal

Practice Area: Pittsburg DUI and DWI

Date: Oct 22, 2015

Outcome: Refusal DISMISSED & DEFEATED AT DMV

Description: Excellent result since we were able to beat the refusal at both DMV and the criminal court thus avoiding a harsh two year license suspension. Client admitted high BAC enhancement instead for 4 years court probation, fine of about $1,900, 18 month DUI School and 18 days of SWAP in lieu of jail. Client eligible for restricted license after 90 days suspension with installation of Ignition Interlock Device "IID".

Alameda County Oakland DUI .20% BAC Second Offense DUI High BAC Enhancement

Practice Area: Oakland DUI and DWI

Date: Sep 15, 2015

Outcome: Probation: 3 years, $1970 fine, 18 Month DUI School; 4 days SWAP

Description: Client arrested by Oakland P.D. after 911 call reported a weaving driver. PAS test of .23% BAC and subsequent Blood test of .20% BAC. Client had prior DUI conviction in 2009.

San Francisco DUI .25% BAC Second Offense DUI Probation Violation High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Sep 14, 2015

Outcome: Adult Probation: 5 years; Fine $2,370; 18 month DUI School; 14 days SWAP & 1 year IID.

Description: Client arrested by San Francisco Police Department after being stopped for no license plate. PAS test of .25% and .24% BAC and station house breath test of .22% and .21% BAC. Client still on DUI probation for Alameda County prior. Client charged by DA for second DUI with multiple enhancements. Settled today for 5 years adult probation, fines of $2,370, 18 Month DUI School, 1 year IID and 14 actual SWAP days instead of jail. Likely one year probation violation of client's license from DMV.

San Francisco DUI .18% BAC Second Offense DUI High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Sep 11, 2015

Outcome: Probation Granted: 3 years, $2200 fine, 18 month DUI School, 4 SWAP, 1 year IID

Description: Client stopped for weaving and arrested for DUI by the CHP. Client previously convicted of DUI in San Mateo County in 2007. Breath test: .18% BAC, Blood Test .18% BAC. Case settled for minimum sentence of 3 years formal probation, fines of $2,220, 18 month DUI school, 1 year IID and only 4 actual days of SWAP in lieu of jail. License suspended for two years, but client can get a restricted license from DMV after 90 days actual suspension.

Alameda County Pleasanton DUI .14% BAC Second Offense DUI Collision

Practice Area:  Pleasanton DUI and DWI

Date: Aug 27, 2015

Outcome: Probation: 3 years; Fine $1,964; 3 month DUI School; and 2 SWAP

Description: Settled case as minimum sentence first offense DUI today. Client rear-ended vehicle, submitted to blood test of .14% BAC and was arrested for DUI by the Pleasanton Police Department.

San Mateo County Redwood City DUI .25% BAC Second Offense DUI High BAC Enhancement

Practice Area:  Redwood City DUI and DWI

Date: Aug 05, 2015

Outcome: Probation Granted: 3 Years, 20 SWAP, 18 Month DUI School & fine of $2,051

Description: Client stopped for weaving, submitted to blood test with .25% BAC result. Charged with 2nd offense DUI. Settled today for 3 years probation, 20 days SWAP in lieu of jail, 18 month DUI school and fine of $2,051.

Alameda County Oakland DUI .11% BAC Second Offense DUI

Practice Area: Oakland DUI and DWI

Date: Jul 07, 2015

Outcome: CASE DISMISSED & DMV "SET ASIDE"

Description: Client submitted to two PAS tests with result of .11% BAC and then two .08% BAC breath tests at the station after being arrested by the CHP for DUI and stopped for an illegal turn. Criminal case DISMISSED and won "SET ASIDE" at DMV. NO license suspension or conviction!

Alameda County Oakland DUI .13% BAC Second Offense DUI

Practice Area:  Emeryville DUI and DWI

Date: May 29, 2015

Outcome: DUI Dismissed for Reckless Driving: 3 yr Probation, $1973 fine, NO DUI SCHOOL & NO SWAP

Description: Client stopped for weaving by Emeryville P.D. Preliminary breath test of .13% BAC with evidential breath test of .12% BAC. Client had prior DUI conviction from Santa Clara County in 2007.

San Francisco DUI .24% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Apr 16, 2015

Outcome: Probation Granted: 5 years, 18 month DUI School, 1 year IID and 11 SWAP

Description: This was a great result for a serious DUI case.  No jail on 2nd offense DUI is a great result especially with a collision.  High BAC enhancement also dismissed, but five years formal probation which was standard at the time in SF.

Alameda County Oakland DUI .12% BAC Second Offense DUI

Practice Area: Oakland DUI and DWI

Date: Jan 22, 2015

Outcome: DUI DISMISSED & NO LICENSE SUSPENSION

Description: This case was a tough one. Client was stopped for speeding on his way home from a baby shower. Client submitted to two PAS breath tests with results of .10 and .11 BAC and then was arrested for DUI. While at the station, two more breath tests were obtained with results of .11 and .12% BAC. Complicating matters, this was client's second DUI offense meaning that he was looking at a minimum of 90 days suspension, which would have been a tremendous hardship since he was self employed and needed his license desperately. I appeared on this case several times but only today was I able to get the result that this client needed. Today, the District Attorney agreed to reduce the DUI to reckless driving for a highly reduced sentence of two years of probation, fine of $1,033 and an 18 month DUI School. I obtained an "acquittal" on the charge of driving with a BAC in excess of .08% resulting in NO LICENSE SUSPENSION! A remarkable result for a client who well......he can be the judge of whether or not he actually deserved it....

Santa Clara County Palo Alto DUI .10% BAC Second Offense DUI JURY TRIAL

Practice Area: Mountain View DUI and DWI

Date: May 19, 2014

Outcome: DUI DISMISSED for PUBLIC INTOXICATION ($200 FINE)

Description: Not every DUI case settles and sometimes a balancing of the cost and risk factors leads a client to exercise their Constitutional Right to a Jury Trial. Client was stopped by Mountain View Police for making a prohibited left turn in the early morning hours of a deserted residential neighborhood. Client submitted to Field Sobriety Tests, in which he performed excellent. Client was nevertheless compelled to blow into a PAS device and a result of .10% put the nail in the coffin of his DUI arrest. At the station, client submitted to two additional breath tests with results of .09% and .08% BAC. Client had previously been convicted of DUI about five years ago, so the Santa Clara County District Attorney's Office wanted a literal pound of flesh to settle the case. Client could not take a misdemeanor conviction that included any kind of probation, so the case was set for trial. I appeared on three different dates for trial, every time dealing with a brand new District Attorney. Finally, today, we settled the case for a highly favorable result: ALL DUI CHARGES DISMISSED. Client plead "no contest" to a misdemeanor violation of Penal Code Section 647(f) (PUBLIC INTOXICATION) for NO PROBATION and $200 fine. Client's license, however, suspended administratively by the DMV for one year. I don't believe in setting DUI cases for jury trial unless we're justified in doing so. Although about 90% of DUI cases resolve in the Pre-Trial phase of the case, it's good to know that when you do set a case for trial, the District Attorney respects your DUI lawyer enough to dismiss the charges!

Santa Clara County San Jose DUI .17% BAC Second Offense DUI Probation Violation Driving on Suspended License CVC 14601.2

Practice Area: San Jose DUI and DWI

Date: Apr 17, 2014

Outcome: ENHANCEMENTS, PROBATION VIOLATION & SUSPENDED LICENSE DISMISSED

Description: Client was a younger guy who had made the boneheaded mistake of driving after drinking. He was previously convicted of a DUI in Santa Clara County and was still serving a three year informal probation sentence when he was stopped by the CHP again in Santa Clara County for texting behind the wheel. Client submitted to Field Sobriety Tests and then blew into a Preliminary Breath Test ("PAS") which had difficulty obtaining a singular reading of .17% BAC, this in spite of numerous attempts by the Client to provide a breath sample. Client was shocked by the number and subsequently REFUSED the required implied consent breath test. Thinking better of it, Client changes his mind and submits to a station house breath test with a dramatic decrease to .09% BAC. Client is nevertheless charged with a second offense DUI with high BAC enhancement, probation violation and separate misdemeanor offense of driving on a suspended license. Client was originally represented by the Public Defender's Office who had actually assigned a law student to represent him. He decided to go with me and I arrived at the courthouse to substitute in as attorney of record for the law student who had the misdemeanor plea form in hand awaiting my clients signature and plea to both the DUI and suspended license misdemeanors. After substituting in as attorney, I continued the case to today's Pre-Trial Conference calendar where I pushed and pushed and pushed the reluctant but ultimately very fair, District Attorney to resolve the case for a plea to the DUI and admit his prior with a DISMISSAL of all other charges. This resulted in client receiving three years of informal probation, fines of approximately $2,100, an 18 month multiple offender DUI School, and 10 days of SWAP in lieu of actual jail time. By continuing client's case for new Pre-Trial Conference, I was able to get the expensive suspended license misdemeanor dismissed and his total SWAP reduced from 15 to 10 days. Client failed to request DMV hearing and was determined to have REFUSED. NEVER REFUSE A BREATH OR BLOOD TEST, ESPECIALLY IF YOU'VE SUFFERED A PRIOR DUI CONVICTION OR SUSPENSION. If so, you'll be like this client and lose your license in California for TWO YEARS, period. No driving at all. I'm hopeful, however, that this mistake won't happen again.

San Francisco DUI .09% BAC Second Offense DUI Probation Violation

Practice Area: San Francisco DUI and DWI

Date: Mar 05, 2014

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client was a younger person who was convicted of a "wet reckless" misdemeanor in San Mateo County on a .08% case (which probably should have been fought by her attorney). She received two years of probation and about two months before that probation terminated, she was again arrested in San Francisco for DUI by the CHP who stopped her for speeding on 101. This time, she submitted to a blood test which came in at .08% BAC after a .09% BAC breath test. The District Attorney wanted the full measure of a second offense DUI punishment when we retested the blood sample and got a .07% BAC retest result. At today's Pre-Trial Conference, I successfully minimized this case for an otherwise hard working person who made a mistake. A fair and reasonable District Attorney agreed to dismiss the DUI and probation violation for a plea to a second "wet reckless." Client received substantial reduction of sentence to three years supervised probation (five is normal and the court agreed to reduce to informal probation once she completes the DUI School), a reduced fine of $900, a 9 month DUI School (reduced from 18 months) and a one year ignition interlock device ("IID"). With the DUI dismissed, client avoided a probation violation suspension which was critical because we then followed up the criminal case with a SET ASIDE OF THE DMV HEARING, resulting in NO SUSPENSION AND NO SR-22, thus saving the client thousands of dollars.

San Mateo County Redwood City DUI .31% BAC Second Offense DUI Hit and Run Collision Probation Violation

Practice Area: San Bruno DUI and DWI

Date: Feb 27, 2014

Outcome: Hit & Run DISMISSED; Minimized DUI Punishment

Description: Client was a woman in her 50's who was suffering from severe alcoholism when she collided with another vehicle in an intersection in San Bruno and continued on driving until she was found passed out in a grocery store parking lot. Client had no idea where she was and this was supported by her blood test result which came in a whopping .31% BAC. Complicating matters, client was on active DUI probation for her first offense DUI some 18 months previously. Although things looked bad in this case, client helped herself by getting help with a treatment program. Since the program was not residential, but instead outpatient, we were unable to get as much credit as we would like. Nevertheless, I settled the case today for a dismissal of the hit and run charges and client was sentenced to three years informal probation, fine of $1,300 (I asked for and received a $1,000 reduction from the court), 18 month DUI school, three years of an ignition interlock device ("IID") and 20 days of jail. Client would have been able to do the SWAP program in lieu of jail, but since she didn't live in San Mateo County, this was not a viable option and she elected for jail. Tough case, but in the end, I'm glad she got help, most importantly, without the tax payer fitting the bill.

Contra Costa County Martinez DUI .10% BAC Second Offense DUI Probation Violation

Practice Area: Martinez DUI and DWI

Date: Jan 17, 2014

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: This was one of those mornings....Contra Costa County can be one of the most taxing in the Bay Area for a DUI defense attorney. First of all, the District Attorney has one year from the date of the arrest to file a misdemeanor complaint against an alleged drunk driver. The defendant is almost always given a CITATION based on his promise to appear for ARRAIGNMENT on a set court date. In my experience, the District Attorney NEVER gets around to filing their misdemeanor complaint with the Clerk's Office prior to the arraignment date. As a result, the defendant (or myself), is required to spend a pointless morning going to court on the set arraignment date only to confirm that the case is "pending" and the District Attorney will notify the defendant when a case is filed against them. Contra Costa County is the ONLY District Attorney's Office in the Bay Area that has a policy of inaction such as this. Case in point: This client was arrested in January of 2013; the arraignment (first court date) wasn't completed until mid November 2013; and the first (and thankfully last) Pre-Trial Conference today (January 2014). This policy of delay is harmful and unjust to defendants charged with DUI in Contra Costa County like no other criminal defendant. DUI's, unlike other misdemeanor crimes, have a contemporaneous DMV case/suspension which usually inflicts its punishment PRIOR to the criminal case resolution. Since the delay in prosecution is often significant (10 months!), the client who has already served his or her full license suspension at DMV will get their license suspended a SECOND TIME based on the same case. The only way to get around this unintended double DMV punishment is to get the case dismissed or convince the District Attorney to reduce the charges. This can be a tall order. Not so today. Client was arrested for DUI by the San Ramon Police Department after making an illegal U-turn. His blood test came back at .10% BAC, but worse still, he was still on active DUI probation for a DUI conviction from another county. The DA's arraignment offer was plea to DUI and get 30 days jail among other evils. This given morning, however, a very fair and reasonable DA understood the dual DMV consequence issue and reduced the DUI to reckless driving while dismissing the DUI charges and probation outright. Client, (a younger adult still living at home and working full time) received a lesson and a greatly reduced sentence of two years informal court probation, fines around $1,600, 12 hour DUI school, and NO JAIL, SWAP OR COMMUNITY SERVICE. Client served full one year suspension of license based on DMV administrative hearing.

San Francisco DUI .22% BAC Second Offense DUI Probation Violation High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Sep 04, 2013

Outcome: ENHANCEMENT & PROBATION VIOLATION DISMISSED

Description: A straightforward case which took nearly five months to resolve, Client has been previously convicted of DUI in 2009 and was still on a five year grant of probation when she drove on the Bay Bridge with an expired registration sticker and NO LICENSE. Case filed as second offense with high BAC and probation violation. After several pre-trial conferences, I was able to negotiate an acceptable disposition: client pled to DUI only with the prior offense. Driving on Suspended License and Probation Violations were dismissed. Client received five years formal probation, fines of $2,150, 18 month DUI school and one year of ignition interlock device ("IID"). Client had actually been detained for a third DUI before this case and Alameda County dismissed. She refused chemical test on that case, however, and as a result suffered a two year hard suspension with no ability for a restricted license. NEVER REFUSE A BREATH TEST ON A SECOND OR SUBSEQUENT DUI.

Alameda County Oakland DUI .21% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: Berkeley DUI and DWI

Date: Aug 23, 2013

Outcome: FIRST OFFENSE DUI SETTLEMENT & ENHANCEMENT DISMISSED

Description: Again, it's not always what you know but who you know. I had the difficult task of trying to resolve this case for a client who was leaving the very next day to move out of state. I've said before that I love my job, I think it's these daily challenges that fuel that fire. Client had been arrested by the Berkeley Police Department after an air bag deployed vehicle collision. A breath test of ..21% BAC was hurdle enough, but client had also recently suffered a DUI conviction out of state. In a true "Friday" deal, I negotiated a settlement for dismissal of the high BAC enhancement, three years informal court probation, a DUI school (3 month) only if she returns to California (so de facto no school at all) and we even stipulated as to credit for time served so the client simply paid the fine of $1,963 in court and the entire case was resolved without any jail or community service . It was a win/win and everyone was happy....including me!

San Mateo County Redwood City DUI .18% BAC Second Offense DUI High BAC Enhancement 

Practice Area: Daly City DUI and DWI

Date: Jul 30, 2013

Outcome: SECOND OFFENSE DUI SETTLES FOR A FIRST OFFENSE DUI

Description: Sometimes, a good strategy and a little experience will go a long way. Client picked up this high BAC second offense DUI in Daly City on Super Bowl Sunday. In San Mateo County, the punishment for a second offense is very stiff. In either event, I noted that the District Attorney failed to file the prior offense in the complaint. We seized on the opportunity and settled the case as a first offense, heck we even got the high BAC enhancement dismissed. Client received minimal sentence of three years court probation, fine of $1,863, THREE MONTH DUI SCHOOL and only two days of SWAP in lieu of jail. DMV didn't miss the prior though, and extended a one year license suspension.

San Mateo County Redwood City DUI .15% BAC Second Offense DUI Excessive Speed High BAC Enhancements

Practice Area: Redwood City DUI and DWI

Date: Jul 30, 2013

Outcome: ENHANCEMENT DISMISSED: 3 Yrs Probation, Fine of $1,900, 18 Mo DUI School; 29 Days SWAP (NO JAIL)

Description: Truly, the punishment jumps substantially on a second DUI, especially in San Mateo County. Today, I helped a young man who had been convicted of DUI in 2009 with a high BAC case (.15%) which resulted from being stopped by the CHP on US 101 speeding at 2 a.m. Over all, a dumb mistake by the client, but with his negotiated settlement, hopefully he'll learn his lesson. Negotiated settlement for minimum three years informal court probation, fine of about $1,900, 18 month DUI School and although DA wanted ignition interlock device ("IID"), for two years, was able to skillfully get that probationary requirement dismissed. NO JAIL FOR THIS CLIENT, but he'll have to wait 90 days to get a restricted license and will need the IID for reinstatement as a second DUI Conviction results in a two year mandatory suspension. Not every case is a dismissal, but every case needs proper management and minimization of punishment: both goals were obtained here at the special enhancement for high blood alcohol was dismissed.

San Mateo County DUI .17% BAC Second Offense DUI High BAC Enhancement

Practice Area: San Bruno DUI and DWI

Date: Jun 28, 2013

Outcome: ENHANCEMENT DISMISSED: 3 Yrs Probation, $1,850 Fine, 18 m School & 29 SWAP

Description :Client had suffered a prior DUI conviction in 2006 as was then picked up in San Mateo County by the San Bruno Police Department for failure to stop at a sign. Client from Southern California so his driving privilege was critical. After several pre-trial hearings we successfully settled his case with him Never appearing in court. The special enhancement was dismissed and client received minimum three years informal probation, 18 month DUI school and thirty days of community service to be completed in Southern California. Ultimately, we helped client manage his out of area case and even settled the case on his behalf without him ever needing to appear in court. Client received three years probation, fine of about $2000, 18 moth DUI school and eligibility for a restricted license after 90 days with installation of an ignition interlock device ("IID"). Saved client thousands of dollars and a major headache.

San Francisco DUI .22% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: May 29, 2013

Outcome: Probation Granted, 16 Days SWAP, 18 Month DUI School: NO ACTUAL JAIL

Description: Client had been arrested five days previously for DUI and had a .30% BAC blood test. On this occasion, client blew a .22% BAC and collided with a parked car causing clients vehicle to pop to two wheels. Today, the court ordered clients remand into custody and bail of $200,000. While it's true that client had demonstrated poor decision making, client was still a nearly 50 year old professional with no criminal history. Moreover client had begun alcohol treatment and therapy. With the remand order, we needed to work on our toes and we managed to salvage a global settlement for both DUI cases that avoided actual jail time. Ultimately, client received 16 days of SWAP in lieu of jail, five years of adult probation, fines totaling $3,850, 18 month DUI school and one year of an ignition interlock device ("IID"). Client's license to be suspended for 90 actual days followed by 21 months of restriction with an SR22, IID and $125 fee.

San Francisco DUI .08% BAC Second Offense DUI Injury Collision

Practice Area: San Francisco DUI and DWI

Date: Apr 24, 2013

Outcome: Probation Granted: 5yr, NO JAIL, 40 days Home Detention, 18m School, IID

Description: Client was in a tough situation having picked up a previous DUI case in Los Banos which was still pending filing at the time of a second, more serious, DUI in San Francisco in which client had rear-ended another vehicle causing injury to a parent and a minor. Complicating matters, client failed to appear at the Pre-Trial Conference causing a warrant to issue for client's arrest. Today, we successfully obtained a withdraw of the bench warrant and settled the case under difficult conditions. Although client's BAC was only a .08% blood test, the blood wasn't drawn until several hours after the collision meaning that the true BAC was probably around .16%. Nevertheless, client was a tough character on the outside who, I believe, had made a couple of bad decisions which client learned greatly from. Today, we settled the case for DUI injury , five years of formal probation, 40 days of HOME DETENTION (NO JAIL NO SWAP), one year ignition interlock device ("IID"), fine of approximately $2,000 and an 18 month DUI school. Client's license will be suspended for two years with one year before restricted license can issue.

Sacramento DUI .14% BAC Second Offense DUI 

Practice Area: Sacramento DUI and DWI

Date: Apr 10, 2013

Outcome: Probation Granted: 4 Years, Fine $2,000, 18 month DUI School, 4 Days Jail

Description: Regrettable case where the client was stopped for speeding by the CHP in the late hours. Client is subsequently arrested for DUI and a blood test returned a result of .14% BAC. Worsening the situation, he had been previously convicted of DUI five years before. Second offense DUI's can be very punitive and the client was a mid 20s professional who although made a bad mistake here, was really getting his life together and had much to be optimistic about. Today, I helped him resolve his case for four years of informal court probation, fines of approximately $2,000, and 18 month DUI school, and nine days of jail. Tough deal in Sacramento as they require four actual days in custody on a second offense DUI. Although the Vehicle Code allows for the 96 hours to be broken into two 48 hour increments, the Sheriff has disallowed this due to prisoner safety issues. ?? Apparently the second offense DUI offenders are marked by the hard core jail bangers and if they're allowed to come back for a second 48 hour stint, they are threatened into bringing contraband into the jail. Which really begs the question, is it absolutely necessary to put second offenders IN JAIL WHERE IT IS CLEARLY A DANGER TO THEIR LIFE? For the purpose of serving what will end up as four day sentence? Is there some real "rehabilitation" during a four day sentence? Is it worth the risk? I think jail can teach a good lesson and prevent future DUI's, but is it absolutely necessary when hard working professionals with no other criminal history and placed in prison training grounds and forced to pack mule dangerous and illegal substances into over packed jails?

San Francisco DUI .22% BAC Second Offense DUI JURY TRIAL VERDICT

Practice Area: San Francisco DUI and DWI

Date: Mar 29, 2013

Outcome: Client Convicted: 4 Years Probation, 18 Month DUI School, 18 SWAP, IID

Description: Client was found guilty by a jury in San Francisco for both Driving Under the Influence (DUI) and driving on a suspended license. Client had suffered prior DUI conviction within ten years qualifying him for second offense enhancement. Took the case to jury trial and rejected prosecutors settlement offer. Although we put up a good fight, one worthy of a "not guilty" verdict, the jury nevertheless found client guilty. Trial took nearly two weeks and required ultimate effort. Today, client was sentenced by the court to four years supervised probation, fines of over $4,000 (for the two misdemeanors), 18 month DUI school, 18 months Ignition Interlock Device ("IID"), and ultimately 14 days of SWAP in lieu of jail. Considering that we actually beat the prosecution's pre-trial settlement offer (i.e. they wanted five years of informal court probation without the potential modification to three years and informal court probation when DUI school is completed) the result was worth the fight. Obviously, you can't win every case, but it's important to hold the district attorney to task on the right cases. As long as the district attorney knows that you're willing and capable to take a case to jury trial if necessary, you won't be able to maximize your client's settlement options at pre-trial conference. Nevertheless, they say you learn more from losing a trial than winning one. This much is certainly true and I can't wait to get back on the horse next time!

San Francisco DUI .19% BAC Second Offense DUI High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Mar 05, 2013

Outcome: ENHANCEMENT DISMISSED. Five Years Probation, Fine $2,100, 18 Month DUI School, 7 SWAP

Description: Client was stopped on the Bay Bridge by CHP after weaving into lanes. Unfortunately, Client had previously been convicted of DUI in 2006 thus making this his second offense. Admittedly, he made a mistake, but having a young child and another on the way, he needed this case minimized so he could move on with the future. Today, we successfully settled the case for five years probation, fine of $2,100, 18 month DUI school, one year of Ignition Interlock Device ("IID") and approximately 7 days of SWAP in lieu of actual jail. License suspended for 90 days and restricted for 21 months 

Alameda County Oakland DUI .21% BAC Second Offense DUI High BAC Enhancement

Practice Area: Oakland DUI and DWI

Date: Jan 31, 2013

Outcome: Enhancement Dismissed. 3 Years Probation, $1,900 fine, 9 SWAP, 18 Month DUI School

Description: 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 for 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.

San Francisco DUI :  .15% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Nov 30, 2012

Outcome: ENHANCEMENT DISMISSED. ONLY 4 DAYS SWAP & 3 YEARS PROBATION

Description: Client suffered a prior DUI conviction less than three years before he collided with three parked cars in San Francisco and was arrested by the SFPD for DUI. Breath test returned result of .15% BAC. Today, we successfully settled the case for minimal sentence which was significantly lower than what a typical second offender receives. Client accepted deal for three years supervised probation (five is normal), fine of approximately $1,850, 18 month DUI school and only four days of SWAP in lieu of NO JAIL. The high BAC enhancement was dismissed and client received no additional punishment for the collision.

San Mateo County Redwood City DUI .15% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: Redwood City DUI and DWI

Date: Oct 18, 2012

Outcome: Probation Granted, $1,850 Fine, 18 Month DUI School & 10 SWAP

Description: Client lost control of his vehicle and crashed off the side of freeway. Client told CHP officers that he wasn't driving and that driver had fled the scene. Follow up investigation revealed that individual whom client claimed was driving was no where near the scene. Client suffered prior DUI in Santa Clara County five years earlier and was looking at stiff sentence in the always rigid San Mateo County. Today, I negotiated a settlement for a second offense DUI that is one of the best pre-trial settlements I've seen in San Mateo. Client received three years informal court probation, fine of approximately $1,850, 18 Month DUI school and only 10 days of SWAP in lieu of actual jail (30 days is the standard minimum in San Mateo County). Client's license suspended for 90 days after which he can get restricted license with installation of ignition interlock device ("IID"). Case closed.

San Francisco DUI .15% BAC Second Offense DUI High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Oct 02, 2012

Outcome: ENHANCEMENT DISMISSED. Five Years Probation, Fine $2,100, 18 Month DUI School, 4 SWAP

Description: Client stopped on the Bay Bridge by CHP for "following too closely." Subsequent DUI investigation returned breath test of .15% BAC. Today, we successfully resolved the case for a dismissal of the special allegation, five years of adult probation, fine of $2,100, 18 month DUI school and what will ultimately be four days of SWAP. Client's license suspended for ninety days and restricted thereafter with installation of an ignition interlock device ("IID").

Alameda County Oakland DUI .09% BAC Second Offense DUI

Practice Area: Oakland DUI and DWI

Date: Oct 02, 2012

Outcome: DUI CHARGES DISMISSED. NO LICENSE SUSPENSION & 12 HOUR DUI SCHOOL

Description: Client stopped for speeding by CHP and subsequent breath tests returned .08% and .09% BAC. Client had suffered a prior DUI conviction five years ago, but charging DA missed it. As a result, we successfully settled the case for a first offense, reduced to reckless driving for a tremendous result: two years court probation, fine of $1,013, and 12 hour DUI school. Since we obtained a court acquittal on the driving with a BAC in excess of .08%, DMV will set aside any suspension and he will not be required to complete the 18 month DUI school, get an SR22 or IID and NO LICENSE SUSPENSION.

Alameda County DUI Oakland .10% BAC Second Offense DUI

Practice Area: Oakland DUI and DWI

Date: Sep 18, 2012

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: Client stopped for speeding on the Bay Bridge by CHP. Subsequent DUI investigation returns breath test of .10% BAC. Client had suffered prior DUI conviction in San Mateo County in 2007. Today we resolved the case most favorably: all DUI charges dismissed for two years of informal court probation, fine of $1,013, 9 month DUI school and 8 days of SWAP in lieu of jail. Client eligible for restricted license after 90 days with installation of an ignition interlock device ("IID").

Marin County DUI .43% BAC First Offense DUI & .28% BAC Second Offense DUI Injury Collision High BAC Enhancement

Practice Area: Novato DUI and DWI

Date: Jun 29, 2012

Outcome: Charges Reduced to Non-Injury DUI: NO ACTUAL JAIL, SWAP OR COMMUNITY SERVICE

Description: In a very serious case, this client was previously represented by a Southern California law firm that did basically nothing but charge her nearly $20,000. Due to a lack of communication with them, she hired me and I substituted in as attorney of record. Client received first DUI and blood test came in a whopping .43% BAC. A month later, she was arrested after causing a collision and registering a .28% BAC. Initially charged with a DUI causing injury (Vehicle Code section 23153), I was able to successfully settle both her cases for misdemeanor straight DUI's. She received the following sentence: three years informal court probation, fines of about $3,500, 18 month DUI school and restitution. I skillfully obtained credits for the clients residential treatment which resulted in a $900 credit from her fine and NO JAIL OR SWAP. Client's prior "law firm" knew about her second DUI case within the ten day window required to request a hearing but DIDN'T DO IT because they wanted their money (which they got) first. DMV alleged that the second DUI was a "forced blood draw," a claim that could have been disputed but was again waived because of MONEY. Client suffered a two year actual suspension of her license as a result.

San Francisco DUI .10% BAC Second Offense DUI

Practice Area: San Francisco DUI and DWI

Date: Jun 27, 2012

Outcome: DUI Charges DISMISSED. Case Reduced to Reckless Driving: NO JAIL

Description: Client suffered a prior conviction in 2003 in Santa Clara County and drove into an SFPD DUI checkpoint. Breath tests showed the client was from a .09% to .12% BAC. Client arrested and charged with DUI. Today, I settled the case for an amazing result: DUI CHARGES DISMISSED. Case reduced to reckless driving for three years informal court probation, fine of $848, 12 HOUR DUI SCHOOL, and four actual days of SWAP.

Contra Costa County Pittsburg DUI .22% BAC Second Offense COMMERCIAL DRIVER DUI High BAC Enhancement

Practice Area: Pittsburg DUI and DWI

Date: Apr 16, 2012

Outcome: DMV Hearing Won; Probation Granted, only 9 Days SWAP

Description: Client was a commercial driver who picked up his second DUI by speeding with a BAC of .22%. He had exposure to losing his commercial license forever and thus being terminated from his job and denied his pension. I was able to win the DMV hearing, however, and saved his license for two full years until retirement. We then settled the case for a minimal second offense punishment: four years informal court probation, fine of $1,900, 18 month DUI school and only nine days of SWAP in lieu of jail. Commercial license suspended indefinitely, restricted license available after one year.

Alameda County Oakland DUI .18% BAC Second Offense DUI High BAC Enhancement

Practice Area: Oakland DUI and DWI

Date: Apr 16, 2012

Outcome: Enhancement Dismissed. 3 Years Probation, $1,900 fine, 9 SWAP

Description: Client stopped for DUI by California Highway Patrol and provided breath test which registered a .18% BAC. Client had previous DUI conviction in ten years. After two Pre-Trial Conferences, I was able to settle the case for a DISMISSAL of the enhancement, and minimum sentence of three years informal court probation, fine of approximately $1,900, 18 month DUI school and only nine days of SWAP in lieu of jail. Client eligible for a restricted license from DMV after 90 days of suspension.

San Mateo County Redwood City DUI .20% BAC Second Offense DUI High BAC Enhancement

Practice Area: Redwood City DUI and DWI

Date: Apr 04, 2012

Outcome: ENHANCEMENT DISMISSED & NO ACTUAL JAIL. Probation, Fine, School & 29 SWAP

Description: Client had previously been convicted of a "wet" reckless in 2003. Unfortunately, he made a bad choice and drove after consuming a substantial amount of alcohol. He was stopped by CHP driving the wrong way on Interstate 280 in San Mateo County. He was arrested for DUI and a blood test returned result of .20% BAC. We successfully minimized impact for this father of two young daughters by getting him the minimum three years court probation, fine of $2,300, 18 Month DUI School, and 29 days of SWAP in lieu of jail. So, NO ACTUAL JAIL! Client's license suspended for 90 days with eligibility for restricted license for the balance of two years.

San Francisco DUI .19% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Mar 01, 2012

Outcome: Enhancement Dismissed: 3 MONTH DUI SCHOOL, 4 SWAP, Fines

Description:  Client stopped by the CHP after collision totaled her vehicle. She submitted to blood test which returned a result of .19% BAC. She had previously been convicted of reckless driving in 2010 (wet) but we settled the case favorably in court as a first offense. The high BAC DUI enhancement was dismissed and client received three years informal court probation (normally five years supervised on a second offense), fine of about $1,950, THREE MONTH DUI SCHOOL, and only four days actual with the SWAP crew. License suspension pending.

San Mateo County Redwood City DUI .13% BAC Second Offense DUI

Practice Area: Redwood City DUI and DWI

Date: Nov 23, 2011

Outcome: CRIMINAL CASE DISMISSED!

Description: Client was stopped on the side of the roadway when approached by CHP. She was investigated for DUI and blew a .07% PAS test and a .13% blood test. Criminal case DISMISSED for lack of evidence. DMV upheld 2nd offense suspension requiring either a one year suspension or a ninety day suspension with installation of an "IID" and enrollment in the Multiple Offender Program. Client was on probation for DUI at time of the offense, so no criminal sanction was a big win here.

Alameda County Oakland DUI .12% BAC Second Offense DUI

Practice Area: Oakland DUI and DWI

Date: Oct 14, 2011

Outcome: Probation Granted, $1,813 Fine, 18 Month School, NO ACTUAL JAIL

Description: I represented client for DUI in 2007 and we even got the conviction expunged in 2010. Unfortunately, client was stopped by CHP on 580 for speeding at 1:45 in the morning. Breath test resulted in .12%. Successfully negotiated settlement of case for minimum terms of three years of court probation, fine of $1,813, 18 month DUI school and nine days of SWAP in lieu of actual jail. License suspended for ninety days and then restricted with installation of ignition interlock device ("IID").

San Francisco DUI .20% BAC Second Offense DUI High BAC Enhancement

Practice Area: San Francisco DUI and DWI

Date: Sep 28, 2011

Outcome: Probation Granted, $2,000 Fine, 18 Month School, NO ACTUAL JAIL

Description: Client had prior DUI which he was still on probation for at the time he was stopped by Officer Liang of the SFPD for "lane straddling." Subsequent blood test came back at .20% BAC, qualifying client for greater than .15% BAC enhancement. I settled case for five years adult probation, fine of $2,000, 18 month DUI school and only six (6) days of SWAP for NO ACTUAL JAIL. Client's license suspended for one year due to DUI probation violation.

Alameda County Oakland DUI .17% BAC Second Offense DUI Collision High BAC Enhancement Forced Blood Draw Refusal

Practice Area: Berkeley DUI and DWI

Date: Sep 23, 2011

Outcome: NO JAIL OR SWAP. Probation, $1,813 fine, 18 month DUI school.

Description: Client arrested by Berkeley Police Department after collision with moving vehicle Client's blood test revealed .17% BAC and he was subsequently charged with a second offense DUI and hit and run with a high BAC enhancement. After several pre-trial conferences, I negotiated a settlement that accommodated client's unique medical needs. Client received three years informal court probation, fine of $1,813, 18 month DUI school and 240 hours of community service. NO JAIL OR SWAP. Client previously represented himself at the DMV and lost the hearing as a "forced blood draw" case. This resulted in a "second refusal" and a two year hard suspension of his license.

San Mateo County DUI .15% BAC Second Offense DUI High BAC Enhancement

Practice Area: San Mateo DUI and DWI

Date: Aug 19, 2011

Outcome: Probation Granted, $2,300 Fine, 18 Month School, NO ACTUAL JAIL

Description: Client stopped by the San Mateo P.D. for no functioning tail light. Unfortunately, client had suffered prior DUI conviction in San Mateo County in 2006. I successfully negotiated a best case settlement for client who received three years informal court probation, 18 month DUI school, fine of $2,300, and 29 days of SWAP in lieu of jail. Client's license suspended for ninety days and restricted thereafter with installation of ignition interlock device ("IID").

Contra Costa County Walnut Creek DUI .26% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: Walnut Creek DUI and DWI

Date: Jul 27, 2011

Outcome: Probation Granted, $1,876 fine, 18 Month School, NO ACTUAL JAIL

Description: Case results are a relative thing. In this case, I represented a commercial driver who was placed on paid administrative leave while his DUI case/license suspension remained pending. Due to the extreme facts of this case (second offense, high BAC, collision), client was definitely going to lose his license and suffer a lifetime ban of his commercial privilege. The practical goal was to continue the case until client had been terminated and eligible for unemployment benefits. No easy task considering that Contra Costa County is the slowest Bay Area county in processing DUI cases. I was able to keep client's license valid for over six months and he achieved these goals. As for settlement, he received a favorable second offense disposition: four years informal court probation, fine of $1,876, one year ignition interlock device ("IID"), 18 month DUI school, and 31 days HOME DETENTION. NO ACTUAL JAIL OR SWAP REQUIRED. License suspended for ninety days and restricted for nineteen months.

Alameda County Oakland DUI  .13% BAC Second Offense DUI

Practice Area: Oakland DUI and DWI

Date: May 20, 2011

Outcome: Probation Granted, $1,813 Fine, 18 Month School, NO ACTUAL JAIL

Description: This was actually an uncharged third offense which I made the strategic decision to settle the case early to avoid the potential exposure to a 120 jail sentence as is required by a third offense. We nonetheless minimized impact for the Client and he received three years informal court probation, fine of $1,813, 18 month DUI school and 9 days of SWAP in lieu of actual jail. License suspended for 90 days and restricted for 18 months with an ignition interlock device.

Contra Costa County Richmond DUI .08% BAC Second Offense DUI

Practice Area: Richmond DUI and DWI

Date: May 19, 2011

Outcome: DUI CHARGES DISMISSED. CASE REDUCED TO RECKLESS DRIVING

Description: Client had an interesting a tricky situation. Having been previously convicted of DUI, he picked up two independent DUI arrests in both Contra Costa and Alameda County. If either county learned of the other case, my Client faced a third offense DUI with a mandatory minimum 120 day jail sentence. I skillfully set both cases on preceding days and settled both as less serious second offenses. In this case, the DUI charges were actually DISMISSED! Client pled to a reduction to reckless driving pursuant to Vehicle Code section 23103.5 for three years of informal court probation, reduced fine of $1,150, 18 month DUI school and 4 days of SWAP in lieu of jail. License suspended for 90 days and restricted for 18 months with ignition interlock device.

Alameda County Pleasanton DUI .12% BAC Second Offense DUI

Practice Area: Dublin DUI and DWI

Date: Apr 20, 2011

Outcome: Probation Granted, $1,796 Fine, 18 Month School, NO ACTUAL JAIL

Description: Today I settled a second offense DUI in Department 704 for the minimum possible punishment. Client was stopped for running a red light and subsequently tested at a .12% BAC by blood analysis. Case settled for five years informal court probation, fine of $1,870, ignition interlock device ("IID") for one year, 18 month DUI school and ten days of SWAP in lieu of jail. License suspended for 90 days and restricted for 18 months.

Marin County DUI .16% BAC Second Offense DUI Probation Violation High BAC Enhancement

Practice Area: San Rafael DUI and DWI

Date: Mar 14, 2011

Outcome: Enhancement Dismissed, Minimum Probation, One Year License Suspension

Description: Client was stopped for talking on her cell phone by CHP and subsequently blew a .16% BAC. Client was previously on probation for a "wet" reckless conviction so this was a second offense DUI with .15% and above enhancement and probation violation. Case settled for dismissal of the enhancement, minimum three years informal court probation, fine of $2,465, 18 month DUI school, 5 days of community service (AWOP/SWAP) and four days of actual jail custody. License suspended for one year as a result of the probation violation.

Alameda County Hayward DUI .14% Second Offense DUI Probation Violation

Practice Area: Hayward DUI and DWI

Date: Mar 09, 2011

Outcome: Probation Granted, $1,796 Fine, 18 Month School, NO ACTUAL JAIL

Description: Client arrested for second offense DUI while on probation for first offense. Client stopped for defective brake light and blew a .14%. Successfully negotiated settlement of case in Department 501 where client received three years of informal probation, 18 month DUI school, fine of $1,796 and 9 days of community service (SWAP) in lieu of actual jail. license suspended for one year due to probation violation/2nd offense by DMV.

San Mateo County DUI .14% BAC Second Offense DUI

Practice Area: South San Francisco DUI and DWI

Date: Feb 14, 2011

Outcome: CRIMINAL CASE DISMISSED!

Description: Today I got a second offense DUI in San Mateo County, South San Francisco, DISMISSED! I filed a Motion to Suppress Evidence based on the fact that the tip that my client was DUI was not corroborated. I Pre-Tried the case last week and the DA wouldn't even consider my client's 150 plus AA meetings and 3 months of sobriety. The court offered 3 years of probation, fine of over $2,000, 18 month DUI school and 30 days JAIL. The DA's Office in San Mateo has been really slouching lately and not discovering evidence and just assuming the court would be cool with it. Anyway, we rejected the offer and then on the day of the hearing, the DA mad a motion to continue because they had not subpoenaed the dispatcher. The court finally agreed that the DA failed to exercise "due diligence" and my client's case was DISMISSED! Still lost DMV, however, so client will have four months of suspension, an IID requirement and 18 month DUI school, but NO CRIMINAL CONVICTION.

Alameda County Pleasanton DUI  .25% BAC Second Offense DUI Collision High BAC Enhancement

Practice Area: Pleasanton DUI and DWI

Date: Dec 03, 2010

Outcome: SPECIAL ALLEGATION STRICKEN & NO ACTUAL JAIL

Description: Today I settled a difficult case in Department 703 in Pleasanton before Judge Jacob Blea, III. Client stopped for driving without headlights and subsequently striking a curb. Client had suffered prior conviction for DUI out of San Francisco County in 2007 and just finished probation prior to this second offense. Negotiated settlement of case for NO JAIL, five years of informal probation, fine of $1,870, and twenty (20) days of SWAP (sheriff's work alternative program). Multiple Offender DUI school ordered (18 month) and client's license suspended per conviction for two years. Ignition Interlock Device ("IID") ordered for three years as result of conviction. Special enhancement for high BAC dismissed.

Sacramento DUI .24% BAC Second Offense DUI Probation Violation High BAC Enhancement

Practice Area: Sacramento DUI and DWI

Date: Oct 18, 2010

Outcome: Probation Granted. 4 Days Jail; 16 days SWAP

Description: Today, I successfully settled a second offense DUI case with a high BAC enhancement, .24%, and a probation violation (prior DUI in 2008), for minimum sentence. Client received four years of informal probation, four days of actual jail, 16 days of SWAP, fine of approximately $2,200, 18 month DUI school. License suspended for one year and restricted for one year.

Contra Costa County Martinez .22% BAC Second Offense DUI Commercial Driver and High BAC Enhancement

Practice Area: Martinez DUI and DWI

Date: Sep 14, 2010

Outcome: DMV SET ASIDE and NO LICENSE SUSPENSION!

Description: Although this case is not completely over, I had to report this truly amazing result at the Oakland Driver's Safety Office. Client was a commercial driver with 27 years working for the same garbage truck company. He was facing his second DUI and second APS suspension with the DMV. Only a year from retirement, he would lose everything, his job and pension, that was his life's work. My strategy was to delay, but delaying the DMV for a year and half on a .22% BAC second offense case would have been a Herculean feat. Instead, my trial investigator Alan McCann conducted a through analysis of the arrest and concluded in his DMV testimony that the Contra Costa County Sheriff who stopped my client should have conducted the DUI investigation instead of waiting nearly an hour until CHP arrived. I diligently served the CHP with subpoena's, but they never produced the officer as he had been transferred to Fresno. Ultimately, with some persuasion, I convinced the hearing officer to issue a "set aside" of my client's suspension. In other words, A TOTAL MIRACLE. Although the criminal case remains pending, I can quite possibly slow the proceedings to my client's retirement and allow him to enter a plea. For now, he gets to keep working and I've got one more hurdle to cross. Results like these make it exciting to be a DUI defense attorney!

Contra Costa County Pittsburg .20% BAC Second Offense DUI High BAC Enhancement

Practice Area: Pittsburg DUI and DWI

Date: Jul 22, 2010

Outcome: ENCHANCEMENT STRICKEN, NO JAIL, 9 DAYS SWAP

Description: Today I settled what could have been a really ugly case in Pittsburg. Client was found passed out in a McDonalds Drive Thru at 2:00 a.m. Police arrived and arrested him for his second DUI in the last five years. Client was a professional worker raising two young kids, so minimizing impact in this case was a key. Client settled case for MINIMAL punishment: four years of informal court probation, fine of $1789, 18 month multiple offender program, and ONLY 9 DAYS OF SWAP. No IID requirement or impound. License suspended administratively by DMV for one year.