Contra Costa County DUI Information

The Contra Costa Superior Court has numerous courthouses throughout the County, but driving under the influence of alcohol or drugs  DUI cases are generally heard in either the A.F. Bray Courthouse located at 1020 Ward Street in Martinez, the George D. Carroll Courthouse located at 100 37th Street in Richmond or the Richard E. Arnason Justice Center at 1000 Center Street in Pittsburg.  The Martinez Court does not have a dedicated parking lot so you'll have to use the metered street parking.  The street parking can get taken, so I would advise arriving early enough to make sure you have a place to park. The Pittsburg and Richmond courthouses have parking lots with ample spaces, however there's no good food or coffee options for these locations.  The A.F. Bray Courthouse is basically in downtown Martinez, so there's a lot of good food and coffee within blocks of the building.  As with all California courthouses, you'll need to pass through a security checkpoint prior to gaining access to the courtrooms and I suggest dressing yourself in a dignified manner, i.e. shirt and tie, as this can often make the difference between a bad ruling and a good ruling from the judge.

Contra Costa County DUI arrests involve two distinct cases: a criminal case and an Administrative Per Se or "APS" case or "DMV Case" which is handled at the Department of Motor Vehicles, DMV Driver's Safety Office at 7677 Oakport Street in Oakland.  A DMV hearing must be requested within ten days of service of the Temporary License, which is typically on the date of arrest.  The Temporary License is  a pink colored carbon copy type of document and is served on the arrestee at the time of release from jail along with a citation or notice to appear in court.  If the DMV hearing is not requested within 10 days, a request can still be made, however the individual is likely to be denied a hearing and a stay of suspension which means that their Temporary License will expire thirty days from the date of arrest.  Once the Temporary License has expired, the licensee no longer possess a valid California Driver's License and must begin the process of obtaining a restricted license if available.  Since the DUI criminal case also has a potential DMV license suspension called a Mandatory Suspension, it's important to request a DMV hearing within the ten days required so your DUI attorney can try to run both your APS and Mandatory suspensions and license restrictions concurrently. If the license suspension case is not handled properly, a licensee may face additional suspension of their driver's license or an extension of a their restricted license period.  

Upon release from jail or custody you will be given a citation or notice to appear in court at some future date.  If your case involved injuries or a felony enhancement, you may be held in custody until your court date unless you post a bail bond.  Bail bonds are not usually required for release after a DUI in Contra Costa County and only apply to multiple DUI offenses, felony DUI cases or if the DUI defendant is not from the State of California and there's a high risk that they will flee the state and fail to appear for their arraignment.  Failure to appear for arraignment for any driving under the influence case will result in the issuance of a bench warrant and you can be arrested at any place and any time depending on the arresting agency.  Unlike say, San Francisco, Contra Costa County will come after you at either your home or place of work to arrest you on this warrant, so this is not good place to miss any of your DUI court hearings.  If your arrest is a first offense DUI misdemeanor, it's likely and advisable that your DUI attorney appear at this hearing on your behalf a pursuant to the authority of Penal Code Section 977.  This hearing is your arraignment.

The arraignment is the first hearing in a DUI case and the purpose is to advise the defendant of the charges, provide initial case discovery, i.e. police reports, blood results, etc., to defense counsel.  Additionally, the judge may be asked to impose release conditions like attending AA meetings or wearing an ankle monitor while the criminal case proceeds.  The court will then schedule your case for a "Pre-Trial Conference."  

The Pretrial Conference is likely the first hearing that a DUI defendant might actually attend.  The purpose of this hearing is to conference with the district attorney about the case generally, inquire about outstanding discovery or investigation, discuss possible immigration and/or employment consequences and ultimately discuss possible settlement of the case.  A settlement offer is typically conveyed and the client either accepts the offer, continues the Pretrial Conference or sets the case for jury trial and/or motion hearing. 

If a Contra Costa County driving under the influence of alcohol or drug case cannot be settled at the pretrial conference, the court will set the DUI case for a jury trial.  The DUI jury trial in Contra Costa County will usually proceed on a general time waiver, that is to say that it will take several months before the case actually winds up in front of a jury. A misdemeanor DUI jury trial in Contra Costa County will usually last for about one week with several intermittent court appearances to be attended by the DUI defense lawyer along the way.   The prospect of an actual DUI jury trial commencing has a knack of concentrating minds unlike any other court hearing and for that reason, many DUI jury trials are either settled or dismissed on the eve of trial.  If all else fails, it's crucial that you have an experienced DUI defense attorney who will actually give you a chance of winning the case before the jury.  

Contra Costa County is distinguishable from other counties because the district attorney's office almost never files criminal driving under the influence of alcohol or drug cases in time for the clients scheduled arraignment date.  As a result, the case goes into "pending" status where it will often remain for several months before a misdemeanor complaint is filed and new arraignment scheduled.  For this reason, DUI cases are very difficult to manage because it's always advisable for a DUI lawyer to keep the DMV case from concluding until the criminal case has resolved.  Moreover, Contra Costa County can be a conservative jurisdiction for DUI's especially since it's the only Bay Area County where the District Attorney will often ask for a "six month DUI school" on first offense DUI cases with BAC above .15% but below .20%.  This is twice as long as the standard "3 month DUI school" which is all that's required by DMV for license reinstatement.  That said, it's crucial that your DUI attorney understands this when negotiating a settlement of your DUI case.  

If you or someone you know is facing a misdemeanor or felony driving under the influence of alcohol, drugs or a combination of alcohol and drugs charge in Contra Costa County, you need a DUI lawyer experienced in the Martinez, Pittsburg and Richmond Courthouses on your side.  DUI defense Attorney Nors Davidson has handled countless driving under the influence of alcohol cases in Contra Costa County and has achieved amazing results for his clients ranging from complete dismissals to DMV hearing wins that avoid any California Driver's License suspension.  You only have ten days from the date of your DUI arrest to save your driver's license, so act now. and  Call Contra Costa County DUI attorney Nors Davidson today for your free DUI case consultation. 

RECENT CONTRA COSTA COUNTY DUI CASE RESULTS

Contra Costa County Pittsburg DUI .14% BAC First Offense DUI Speed Enhancement

Outcome: Probation Granted 3 Years, 3 Month DUI School, 2 Days SWAP, Thirty Day License Suspension

Description: Client was observed driving on State Route 4 by the CHP at 104 miles per hour. Client was stopped for speeding and performed sobriety tests and submitted to a PAS test with a .14% BAC. Client arrested DUI of alcohol and submitted to two additional breath tests of .14% BAC. The District Attorney took 8 months to file charges but today we smartly settled this driving under the influence of alcohol case today before the case went to a pretrial conference since prehearing research showed that client was not initially charged with the speed enhancement which would have resulted in a sixty day jail sentence. This strategy got the minimum punishment for client without an enhancement.

Contra Costa County Richmond DUI .09% BAC First Offense DUI

Outcome DUI CHARGES DISMISSED: CASE REDUCED TO RECKLESS DRIVING: 1 Year DUI Probation, ALL FINES WAIVED; and 12 Hour DUI School

Description Client was stopped by the CHP for weaving and officers detected the "odor of alcohol" leading them to request a PAS breath test which returned a result of .11% BAC. Client was then arrested for DUI and later submitted to two breath tests with results of .09% BAC. Today, we settled this case for a dismissal of all DUI charges in exchange for a plea to the reduced misdemeanor charge of "Reckless Driving." Client received a sentence of one year of informal court probation and was ordered to complete a 12 hour DUI school. All fines and fees (approximately $2,000) were waived by the court and client not ordered to complete any community service or SWAP.  

Contra Costa County Richmond DUI .09% BAC First Offense DUI

Outcome 3 Years DUI Probation, $400 fine, 3 Month DUI School & NO JAIL OR SWAP.

Description Client made an unfortunate mistake of approaching the CHP and asking for driving directions after consuming a significant amount of alcohol. Indeed, the police noticed a number of "White Claws" on the floorboard of the vehicle. Client submitted to breath tests of .13% and .14% BAC and was subsequently charged with DUI. Today we settled the case for a DUI conviction, but no jail or SWAP and a significantly reduced fine which saved the client over $1,600. 

Contra Costa County Martinez DUI .16% BAC First Offense DUI High BAC DUI Enhancement

Outcome ENHANCEMENT DISMISSED, Three Years DUI Probation,  Fine $1,950, 6 Month Online DUI School and 16 Hours Community Service

Description Client was stopped by the Concord Police Department for making an illegal left turn. Client refused PAS test, but submitted to field sobriety tests which led to his ultimate arrest for DUI. While at the station, client submitted to a blood test which when analyzed returned a .16% BAC. Today we settled this case for a dismissal of the high BAC enhancement and a reasonable DUI sentence that client could complete as he was an out of state resident. Client received three years of probation, fine of $1950, 6 month online DUI School and 16 hours of community service. 

Contra Costa County Richmond DUI .22% BAC First Offense DUI High BAC Enhancement

Outcome: DUI CHARGES DISMISSED: License Suspended for 4 Months with SR22 Requirement

Description: Client was found asleep behind the wheel of her car which was running late at night at a stop light in Richmond. Richmond Police Department conducted an investigation and determined that she was DUI. A blood draw was completed and returned an enhancement level of .22% BAC. After navigating the court for over a year, the case was DISMISSED due to the fact that no one actually observed her driving the vehicle and they could not conclusively prove how long she had actually been stopped. Unfortunately, the DMV thought differently, and client's license was suspended for four (4) months, with eligibility for a "restricted license," however I advised client against this because since she was not convicted of DUI, she would only have to complete a DUI School if she wanted the restricted license. Instead, she served the four month suspension and got her full license reinstated with an SR 22 insurance filing with the DMV.

Contra Costa County Richmond DUI .09% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $1000 fine & 12 Hour DUI School

Description: Client arrested for DUI by Pleasant Hill Police Department after failing to stop at stop sign. Client submitted to PAS with result of .10% BAC and later breath test with results of .08% and .09% BAC. Settled case today for DUI CHARGES DISMISSED & Case Reduced to Reckless Driving: 2 Years Probation, $1000 fine & 12 Hour DUI School.

Contra Costa County Richmond DUI .22% BAC First Offense DUI High BAC Enhancement

Outcome: ALL CHARGES DISMISSED

Description: Client arrested for DUI by the Richmond Police Department after being found asleep at the wheel at a traffic signal. Client submitted to blood test with result of .22% BAC. ALL CHARGES DISMISSED!

Contra Costa County Martinez DUI .19% BAC First Offense DUI Collision High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED: 3 yr Probation, $1900 Fine, 3 MONTH DUI SCHOOL, 4 DAYS SWAP

Description: Client crashed car into a tree on the way home from social event in San Francisco. Concord Police Department investigated and client was arrested for DUI. Blood test result of .19% BAC. Client charged with DUI and enhancement for excessive BAC. Case settled today for a dismissal of the enhancement and plea to DUI.

Contra Costa County Martinez DUI .12% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED: Case Reduced to Reckless Driving: 2 Years Probation, $1070 Fine and 12 Hour DUI School, NO SWAP

Description: Client found asleep in vehicle by the Contra Costa County Sheriff and submitted to breath test with results of .11% and .12% BAC. Settled case today for DISMISSAL OF DUI CHARGES: Case Reduced to Reckless Driving: 2 Years Probation, $1070 Fine and 12 Hour DUI School, NO SWAP.

Contra Costa County Martinez DUI .21% BAC First Offense DUI High BAC Enhancement

Outcome: Probation Granted: 3 Years, Fine $1900, 6 Month DUI School & 2 Days SWAP

Description: Client arrested for DUI by Concord Police Department after being observed driving without headlights. PAS .18% and .20% with later blood test at .21% BAC. Settled case today for Probation Granted: 3 Years, Fine $1900, 6 Month DUI School & 2 Days SWAP.

Contra Costa County Pittsburg DUI .15% BAC First Offense DUI Speed and High BAC Enhancement 

Outcome: Probation Granted: 3 Years , $1969 Fine, 3 Month DUI School and 4 Days of SWAP.

Description: Client was stopped by CHP for driving over 100 MPH, which is a special enhancement for DUI cases.  The DUI Speed enhancement requires a mandatory 60 day jail sentence so it was crucial that  it was dismissed.  Client submitted to PAS test with results of .18% and .14% BAC. Client's latter breath test returned a result of .15% BAC. Case settled today for dismissal of high BAC enhancement, 3 years probation, $1969 Fine, 3 Month DUI School and 4 Days of SWAP.

Contra Costa County Richmond DUI .17% BAC First Offense DUI High BAC Enhancement

Outcome: Probation Granted: 3 yrs Probation, $1900, 3 month DUI school, 2 SWAP

Description: Client arrest by CHP after being stopped for speeding. Two PAS tests revealed results of .13% and .15% BAC and client later submitted to blood test with result of .17% BAC. At Pre-Trial today, DA wanted client to complete "six month" DUI school since "DMV requires it." Both of these statements, however, are false. There is NO 6 month DUI school, just a three month school which the program makes people take twice....just another money making ploy by these PRIVATE COMPANY DUI SCHOOLS. Moreover, DMV only requires the 3 month DUI school on ALL FIRST OFFENSE DUI'S, irrespective of BAC.....After tactfully explaining this, we settled the case today for three years probation, fine of $1900, 3 month DUI school and 2 days of SWAP. License suspended for 30 days with 5 months restriction.

Contra Costa County Richmond DUI .10% BAC Third Offense DUI Collison

Outcome: NO ACTUAL JAIL: 180 DAYS RESIDENTIAL TREATMENT

Description: Client had two prior DUI convictions and multiple prior convictions for driving on suspended license. Client arrested for DUI by Hercules Police Department after totaling a car in a collision. Client was on DUI probation and did not have a valid license. Blood test came back .10% BAC. After months and months and multiple court appearances, I successfully resolved this case today for a NO ACTUAL JAIL resolution. Client sentenced to 5 years probation, fine of $1,900, 18 month DUI School and 180 days of residential treatment.

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

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".

Contra Costa County Pittsburg DUI .12% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client observed walking with unsteady gait after parking car and arrested for DUI by Pleasant Hill Police Department. Blood test of .12%. DUI dismissed today for Reckless Driving: 3 years probation, fine of $1,140 and 3 month DUI School. NO SWAP or jail.

Contra Costa County Pittsburg DUI .19% BAC First Offense DUI High BAC Enhancement

Outcome: HIGH BAC ENHANCEMENT DISMISSED

Description: Client's High BAC enhancement was dismissed, but couldn't prevent DUI conviction with three years of probation, fines of approximately $1,900, a six month DUI School, and one day of actual SWAP in lieu of jail.

Contra Costa County Martinez DUI .16% BAC First Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted: 3 years, $2,000, 3 Month DUI School, 5 SWAP

Description: A reasonable settlement for high BAC collision case.  enhancements were dismissed and client received minimum sentence.

Contra Costa County Pittsburg DUI .17% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED: 3 Years Probation, 3 Month DUI School & 1 SWAP

Description: A great result for a high BAC case in Pittsburg.

Contra Costa County Martinez DUI .09% BAC First Offense DUI

Outcome: DUI CHARGES DISMISSED & CASE REDUCED TO RECKLESS DRIVING

Description: Client was stopped by the CHP for speeding in excess of 90 mph. Complicating matters, it was late at night and he had been drinking alcohol. Arrested for DUI, his breath test came in at .09% BAC. Client was charged by the District Attorney's Office almost one year after his DUI arrest, meaning that he had already lost his license from the DMV APS hearing. If he suffered a DUI conviction in court, his license would be suspended again. Thankfully, today we negotiated a disposition which included a dismissal of the DUI charges and a plea to the reduced charge of reckless driving (wet reckless). His sentence was greatly reduced and his license not subject to further suspension from the DMV. Client received two years of informal court probation, fines of approximately $1,200, a 12 hour DUI School and no additional jail, community service or SWAP. In the end, the client learned a lesson and wasn't overly punished for it.

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

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.

Contra Costa County Martinez DUI .14% BAC First Offense DUI

Outcome: Probation Granted: FINE REDUCED BY 50%, 3 Month DUI School and 2 SWAP

Description: Client was arrested by the CHP in Concord for failure to maintain his lane way back in December of 2012. Contra Costa County is by far the number one county in the Bay Area in terms of unreasonable prosecutorial delay. This case was no different as client had already suffered and served his entire DUI suspension from the DMV and even completed the three month DUI school ALL BEFORE we ever went to court. I pushed the district attorney to resolve this case for a reduction since client had really been prejudiced by their unreasonable delay. Of course, this argument fell upon deaf ears. Nevertheless, you don't get anything if you don't ask, SO...I made my grievance known to the judge who I've appeared before many times and know to be eminently fair and although he could not reduce the charges, he did reduce the fine from $1,900 to $1,000. I think I was the only lawyer in the busy courtroom to even request something like this and hopefully it won't become a trend! Today in Martinez we settled the case thus closing the book for my client who really wanted resolution but was denied that by a district attorney's office that is notorious for not getting their job done in a timely manner. Client received minimum three year probation, the aforementioned fine reduction, three month DUI school and two days of SWAP in lieu of actual jail. License was suspended for 30 days and restricted for 5 months.

Contra Costa County Walnut Creek DUI .15% BAC First Offense DUI High BAC Enhancement

Outcome: DMV HEARING SET ASIDE AND NO CRIMINAL CONVICTION

Description: Client arrested by Hercules Police Department for DUI after he had pulled over into a parking lot to make a cell phone call. Subsequent blood test came back a .15% BAC. Client traveled to numerous locations for his work and his license was critical. Although I would have never thought it would happen when I first screened the case, WE WON THE DMV HEARING, with a solid investigation by Alan McCann and expert testimony. The District Attorney's Office in the meantime, failed to file charges within the one year statute of limitations and now with the DMV win, Client will avoid a conviction, fine, suspension and basically the DUI altogether.

Contra Costa County Walnut Creek DUI .07% BAC First Offense DUI Under 21 Zero Tolerance

Outcome: CASE DISMSSED & NO LICENSE SUSPENSION

Description: Client was an 18 year old college student who was stopped doing 116 MPH in his Audi by the CHP who later determined his BAC to be .07% on a PAS breath test. I previously won a SET ASIDE of his DMV case suspension and today was the final nail in the coffin, his criminal bench trial. RESULT: Case Dismissed. Saved the client's license from certain suspension and literally thousands of dollars in expense. I gave him a stern lecture though, and hopefully he learned his lesson and won't be calling again (except for to refer me a friend).

Contra Costa County Walnut Creek DUI .20% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL, NO SWAP

Description: Client was an out of state driver who was stopped for speeding by the Danville Police Department and had subsequent breath test BAC of .20%. Client charged with DUI and high BAC enhancement. Being out of state, it was critical that I minimized the sentence of the case for this busy, traveling, professional father of three. Today, I settled the case successfully for him as the enhancement was dismissed and minimum sentence imposed: three years informal court probation, fine of $1,750, THREE MONTH DUI SCHOOL (six to nine month usual), and 20 hours of community service in lieu any jail or SWAP. Client's license suspended by conviction for six months.

Contra Costa County Walnut Creek DUI .17% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED. 3 MONTH DUI SCHOOL

Description: Client was a 53 year old sales professional with no criminal record whatsoever, who made the unfortunate mistake of driving after drinking too much. Stopped by Danville Police Department for rolling a stop and arrested for DUI, client blew a high .17% BAC breath test. Charged with DUI and high BAC enhancement, client was looking at additional SWAP time and a long level two DUI school. Today, on our second Pre-Trial Conference, we settled the case successfully for a dismissal of the enhancement in exchange for a plea to driving with a BAC in excess of .08%. Client received three years informal court probation, fine of $1,750, 2 days of SWAP in lieu of jail (to be served in San Francisco...) and a THREE MONTH DUI SCHOOL. By getting the DUI school reduced, I saved the client an additional three months of DUI classes, further restriction of his license and extra costs of about $600. Client's DMV hearing pending after significant argument and may even end up "set aside," however, this conviction will result in a suspension of client's license for six months with immediate eligibility for a "restricted" license. If DMV sustains the action, client will serve mandatory thirty day license suspension prior to restricted license issuance.

Contra Costa County Richmond DUI .15% BAC First Offense DUI High BAC Enhancement

Outcome: DMV SUSPENSION "SET ASIDE": NO LICENSE SUSPENSION

Description: Client stopped by Hercules Police Department for being parked in a public lot using his cell phone. Officer considered it "suspicious" and stopped him. Subsequent blood test came in a .15% BAC. Client desperately needed to save his license for his job and we did a full investigation with retired SFPD officer and DUI expert Alan McCann. Mr. McCann testified at the DMV hearing which took two sessions. With the criminal charges discharged, the DMV hearing was EVERYTHING to the client and I'm grateful to say that we WON A SET ASIDE OF HIS DMV SUSPENSION. An excellent result for a truly remorseful client who won't ever drink and drive again but couldn't lose his job.

Contra Costa County Richmond DUI .21% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & THREE MONTH DUI SCHOOL

Description: Client stopped for driving without headlights and subsequently tested on breath device which registered a .21% BAC. Client charged with DUI and special enhancement which would normally qualify her for a 9 month DUI school. Today, we settled the case for minimal sentence of three years informal court probation, fine of $1,876, THREE MONTH DUI SCHOOL, and three days of SWAP in lieu of actual jail. The enhancement was dismissed and the client saved six months of extra DUI school and an additional $1,200 of cost. Clients license suspended for thirty days and restricted for five months.

Contra Costa County Richmond DUI .21% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED & THREE MONTH DUI SCHOOL

Description: Client had consumed alcohol and received an a security alarm at his Wearhouse. While driving to the alarm, he passed a San Pablo Police Department vehicle which stopped him for crossing the yellow line to do so. Subsequent breath test came in a .21% BAC thus qualifying him for a special enhancement and exposure to the dreaded nine month DUI school. Today, we settled the case for a reasonable resolution: three years informal court probation, fine of $1,876, THREE MONTH DUI SCHOOL and two days of SWAP in lieu of jail. Clients license suspended for thirty days and restricted for five months. An excellent result as Client faced the nine month school which would have extended his DUI restriction to ten months and possibly required and ignition interlock device ("IID").

Contra Costa County Pittsburg DUI .29% BAC First Offense FELONY DUI High BAC Enhancement

Outcome: CASE REDUCED TO MISDEMEANOR NON-INJURY DUI

Description: Client was a commercial driver who was off duty when he rear-ended multiple vehicles causing minor injuries to multiple victims including a young girl. Client's blood test came back a heavy .29% BAC and he was arrested and subsequently charged with a FELONY for DUI causing injury. After over one year of negotiations (during which time I managed to keep his license from suspension by the DMV so he could continue to work), I successfully resolved the case for a MISDEMEANOR NON-INJURY DUI. Although this was a remarkable result, client still suffered stiff punishment of three years informal court probation, fine of $1,876, 9 month DUI school, restitution and 54 days of jail. The court allowed him to do his time on home detention, but the cost was too much and the client chose to do his time in custody meaning that he'll probably do about 20 actual days. The commercial license was suspended for one year, but he is eligible for a restricted license after thirty days.

Contra Costa County Walnut Creek DUI .10% BAC Fourth Offense FELONY DUI Collision

Outcome: NO ACTUAL JAIL: 6 MONTHS TREATMENT, 6 MONTHS HOME DETENTION

Description: I represented client previously for his second and third DUI's last year. I was able to get him a second offense and a wet reckless respectively and warned him that his next DUI would be a fourth offense felony. Unfortunately, he drove on a suspended license and was involved in a collision that led to a .10% BAC chemical test and his fourth DUI in less than five years. Charged with a felony, he faced a maximum sentence of three years in prison. Today, I settled his case for NO ACTUAL JAIL. Client received five years supervised probation, fine of $2,016, 18 month DUI school, six months residential treatment and six months home detention. Client required to have an ignition interlock device for the length of his probation and license revoked.

Contra Costa County Walnut Creek DUI .20% BAC First Offense DUI Collision High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED, 3 MONTH DUI SCHOOL, 10 SWAP, $1,896 Fine

Description: Client was driving home from a work party when he lost control of his vehicle and crashed into an electrical pole. Vehicle was totaled, but Client OK. Client arrested by Orinda Police Department for DUI and blood test revealed .20% BAC. Today we successfully settled the case for: three years informal court probation, fine of $1,896, THREE MONTH DUI SCHOOL, and ten days of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months. Three month DUI school was a huge success since Contra Costa County has a six month program that they regularly order.

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

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.

Contra Costa County Richmond DUI .10% BAC 1st Offense DUI Speed Enhancement

Outcome: DUI CHARGES AND ENHANCEMENT DISMISSED

Description: Client stopped by the CHP for traveling 110 mph in a 65 mph zone. Subsequent chemical test revealed a .10% BAC. Client arrested and charged with DUI and excessive BAC enhancement. Speed enhancement carries a mandatory 60 day jail sentence. Case finally resolved for best case scenario: DUI charges and enhancement dismissed. Case reduced to reckless driving for two years of court probation, fine of $1,200, 12 hour DUI school and NO JAIL OR SWAP. Client's license suspended for four months.

Contra Costa County Richmond DUI .12% BAC First Offense DUI

Outcome: Probation Granted, $1,896 fine, 3 Month DUI School, 1 Day SWAP

Description: Client was a musician who was stopped by the El Cerrito Police Department for taking a wide turn in a commercial district. Subsequent breath tests revealed a .12% BAC. Although I appeared on my client's behalf several times and extended his DMV hearing and driving privilege for him as long as possible, we nonetheless negotiated a minimum DUI sentence of three years informal court probation, fine of $1,896, 3 month DUI school and one day of SWAP in lieu of jail. Client's license suspended for thirty days and restricted for five months. He will be eligible for an expungement in three years.

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

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.

Contra Costa County Walnut Creek DUI .17% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED. TWO DAYS SWAP, 6 MONTH DUI SCHOOL

Description: Today I settled a high BAC first offense DUI for a reasonable pre-trial offer. Client's case enhanced by .17% blood test and high speed. Case resolved for three years of court probation, fine of $1,876, 6 month DUI school, and two days of SWAP. License suspended for thirty days and restricted for five months.

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

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.

Contra Costa County Walnut Creek DUI .16% First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT DISMISSED. THREE MONTH DUI SCHOOL, Fine & 2 SWAP

Description: Today I negotiated a settlement for a client who was arrested by the CHP for DUI after he was stopped for driving 83 MPH in a 65 MPH zone. Client subsequently submitted to blood test which yielded .16% BAC. Settled case for minimum sentence and dismissal of high BAC (<.15%) enhancement. Client received three years of informal probation, fine of $1,876, three month DUI school and two days of SWAP in lieu of jail. This was an excellent result as Contra Costa County typically requires the six month DUI school on cases above .15% BAC but below .20%. License suspended for thirty days and restricted for five months.

Contra Costa County Pittsburg DUI .22% BAC Third Offense DUI Collision High BAC Enhancement

Outcome: Probation Granted, $1,806 Fine, 18 Month DUI School, 120 Days Jail

Description: Third offense DUI cases are by their nature, the most challenging misdemeanor cases. The minimum sentence in California is 120 days of actual jail and this can be a life changing event for a client. This case was no exception. Client was charged with third offense DUI in ten years this time after flipping his vehicle off the road with a BAC of .22%. Additionally, his license was still suspended from the second offense DUI. The initial DA offer was 180 days of jail. We responded with several continuances and Pre-Trials and eventually received an offer of 30 days jail with 90 days of residential treatment. Client chose to serve jail, however, instead of treatment. Accordingly, the case settled for five years of informal probation, fine of $1,806, 18 month DUI school and 120 days of jail. License suspended for 90 days and restricted with ignition interlock device for 18 months.

Contra Costa County Richmond DUI .19% BAC First Offense DUI High BAC Enhancement

Outcome: Probation Granted, $1,876 Fine, 6 Month DUI School, 2 SWAP

Description: This was a tough case, primarily because the client was so difficult. Client had previously been arrested for DUI and his criminal case was dismissed on a motion to suppress evidence. Client did, however, suffer an administrative suspension at the DMV. Strangely, the Client did not hire his prior attorney who got his case dismissed (or he refused to represent him) and instead retained me. Client was stopped by the police after a witness reported him throwing up and nearly crashing into a parked car. Client provided a blood sample with BAC of .19% and even urinated himself. I nevertheless challenged the probable cause for the stop and the motion was denied. The case eventually settled for a first offense, three years of probation, fine of $1,876, 6 month DUI school and two days of SWAP in lieu of jail. License suspended administratively by DMV for one year.

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

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.

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

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.

Contra Costa County Martinez DUI .22% BAC First Offense DUI High BAC Enhancement

Outcome: ENHANCEMENT STRICKENT. 3 MONTH DUI SCHOOL

Description: I had an opportunity to settle this high BAC, .22%, DUI case for a three month DUI school. Client was stopped for following a vehicle too closely and then making an unsafe lane change which nearly caused a collision. Key to resolution in any .20% or greater case is getting the client the level one/3 month school. Standard attorneys will get the standard 9 month program every time. This program results in a long term restriction of the client's license. Client did receive three years of probation (statutory minimum), fine of $1,788, and had to perform 10 days of SWAP in lieu of jail. His license was previously suspended, so he also admitted a violation of Vehicle Code section 14601.1 for no additional penalty. Standard DUI Mandatory Suspension for 6 months.

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

Outcome: Settled as FIRST OFFENSE w/ 3 MONTH SCHOOL!

Description: Today I settled a second offense DUI with a .26% BAC and a collision in Contra Costa County (Walnut Creek) for a FIRST OFFENSE. Client received 3 years of probation, fine of $1,800, a 3 month DUI school and 31 days of home detention which she can serve when she returns home for summer break from college.