Second Time DUI, Metro Courthouse, 10 Days County Jail

Our client, age 34, had a “big night,” as some might say.  He was high on cocaine, smoking marijuana and had been drinking enough to get his blood alcohol content to 0.19% BAC.  The night ended when he crashed his truck into two parked cars near the corner of Main Street and 69th Street, rolling it over, but walking away unharmed.  This was his second DUI in the past nine years.

The client first called Greg Hill & Associates from a residential drug and alcohol treatment center in Anaheim that he checked himself into after being released by the Los Angeles Police Department by signing a promise to appear in the Metropolitan Courthouse in about three months.

The client had been in the drug and alcohol treatment facility for a few days and explained the circumstances leading to his arrest, most of which he candidly admitted he did not remember because he had blacked out at a certain point in the evening.  Police officers informed him of why he was in custody.

The client was embarrassed and humbled by his arrest.  He was a Fed Ex driver who loved his job and worried he might lose it if he were to spend too much time in jail.

Greg explained how sentencing on a second time DUI is often handled when there is a car accident and the second DUI is within just a few years of the first DUI.  Greg also explained how the DMV would handle suspension and reinstatement of the client’s driver’s license and what the ignition interlock requirements would be on a second time DUI.

Greg further explained that in the Metropolitan Courthouse, the prosecutors were generally the most gentle, or light on punishment, in misdemeanor DUI cases of any courthouse in Los Angeles County, but the client’s case may really test that kindness.

The client retained Greg Hill & Associates and Greg shortly thereafter appeared for the client in the Metropolitan Courthouse for the client’s arraignment.  At this point, the client had left the residential drug and alcohol treatment facility after 33 days there.

The complaint against our client alleged five causes of action: 1) a violation of Vehicle Code § 23152(a) (Driving a Motor Vehicle While Under the Influence of Alcohol); 2) a violation of Vehicle Code § 23152(b) (Driving a Motor Vehicle While Having a Blood Alcohol Content of 0.08% or Higher by Weight); 3) a violation of Vehicle Code § 23152(g) (Driving a Motor Vehicle While Under the Combined Influence of Alcohol and a Controlled Substance); 4) a violation of Vehicle Code § 23152(f) (Driving a Motor Vehicle While Under the Influence of a Controlled Substance); and 5) a violation of Health & Safety Code § 11550(a) (Use and Being under the Influence of a Controlled Substance).  The complaint also alleged that our client suffered a prior DUI conviction in 2014.

Greg then discussed the case facts with the Los Angeles City Prosecutor assigned to the case, a special prosecutor assigned to just DUI matters involving drugs and alcohol.  This prosecutor was happy to hear our client had immediately self-enrolled in an inpatient drug and alcohol rehabilitation program, but his plea bargain offered was still 30 days in county jail, plus five years (not three) of informal, or summary, probation, the 18-month alcohol awareness program (called the SB38 program), a $450 fine, plus penalties and assessments, attendance at the Mothers Against Drunk Driving victim impact panel, and attendance at the Hospital and Morgue (HAM) program, as well as payment of restitution to the registered owners of the two vehicles he crashed into in any amount not covered by our client’s insurance.

Our client was shocked by the severity of the offer, but he also understood how his case was not a minor DUI, i.e., one where our client had a 0.09% BAC and no car accident or drugs in his system.

Nonetheless, over time, Greg was able to continue negotiating with the assigned Los Angeles City Attorney to the point where the offer was reduced to 96 hours of county jail and just a $390 fine, plus all the other original terms of probation.

Interestingly, the prosecutor told Greg that our client would be wiser to agree to ten days of county jail than 96 hours because in his experience, he found that Los Angeles County Sheriffs would usually release a person in one day if the inmate was sentenced to ten days, whereas if the person was sentenced to 96 hours, they would hold the person the full 96 hours.  While this seemed counterintuitive, Greg understood what the prosecutor was stating.

Our client did, too, and agreed to ten days of county jail, plus all the original terms of probation, except a $390 fine, with credit for two days actual custody, plus two days good time / work time credit, which would “wipe out” the court fine entirely except for $304 in mandatory fees.

The client was happy to know he would not miss much more time from work and appreciative that Greg negotiated down the 30 day county jail term so he could keep his job.

For more information about second-time DUI issues, please click on the following articles: