Logo
 

BLOG

 

High-Level First DUI Reduced For Woman In San Diego

Oct 14 2016, by Jessica McElfresh in Case Results, Criminal Defense, DUI

Recently, a woman in San Diego found herself in a very relatable, but also a very precarious position after a night out ended with a car accident and serious charges for her first DUI. The woman met some friends for dinner and after a few glasses of wine was on her way home, when she, unfortunately, struck a parked vehicle in a residential area. When police responded, the results of her breath test determined her BAC was .16, which is not only above the .08 legal limit but also heightened the possible consequences if convicted. Specifically, this increased BAC level now exposed her to a 9-month conviction program instead of the standard 90-days, significantly higher fines, more obligatory community service or time in custody, and possibly most importantly, a longer license suspension as well as a requirement to install an ignition interlock device. With three young children suffering from significant medical issues, this single mother knew that the extended loss of her driving privileges would really limit her ability to get them to their necessary medical appointments. She obviously became concerned at such a dire outlook and reached out to the skilled San Diego criminal and DUI defense attorney Jessica McElfresh based on her considerable experience with California DUI cases.

Attorney Jessica McElfresh reviewed all the aspects of her client’s case, but it quickly became apparent that her client’s chances of challenging the stop or her arrest were limited because the required instruments were properly calibrated and the responding officer followed all the appropriate procedures. Undeterred, attorney McElfrresh aggressively negotiated with the prosecution and effectively achieved an agreement with all the parties that allowed her client to plead to a lower-level DUI offense, usually reserved for someone with a BAC below .14. This removed her fear of the increased consequences and after a standard license suspension and the issuance of restricted driving privileges, she’d be able to resume transporting her children with minimal impact and hopefully put this incident in the past.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.