Two DUI’s 8 Months Apart, Both Resolved as First Time DUI

In November, 2022, our client, then age 49, collided with another car at an intersection in Torrance while driving to the store. Fortunately, no one was injured. However, the Torrance Police Department came to the scene and arrested our client, who admitted he had been drinking prior to driving.

After being taken to the police station and refusing to submit to a breath test, police allegedly obtained a search warrant (never produced) and forcefully drew our client’s blood well more than three hours. His blood alcohol content (BAC) was measured at 0.06%.

Eight months later, our client was headed to the Lancaster area to go shooting with his brother. Our client brought his Springfield Armony XD 9802 .40 caliber pistol, a Kel Tec KSG 12 gauge shotgun, and three rifles, one a .22 caliber, or a 5.56 mm rifle and one more. The client also brought about 300 rounds of ammunition and a box of shotgun shells. He also carried with him five high capacity magazines. The client carefully packed all the weapons and ammunition in his trunk. All weapons were registered to the client.

The client loaded his pistol in a small duffel bag and put it in the front seat with himself, on the car floor. This firearm was not loaded. No other weapon was loaded except the shotgun in the trunk.

As our client was driving to Lancaster, after drinking several Guiness, he was pulled over by the CHP for speeding on the northbound I-5. The client was allegedly observed driving at over 80 miles per hour and making many lane changes.

When the client pulled off the I-5 at Roxford Street, he told the CHP officer that he had firearms in the trunk and one handgun in his front seat. Our client did not have a concealed carry permit.

The CHP called for additional officers to come to the scene. Once these other officers arrived, they proceeded with a DUI investigation and searched our client’s car. Our client’s BAC was measured at 0.140% and 0.149% at the scene. He was promptly arrested. At the CHP West Valley Office, he submitted to a further breath test and his BAC was measured at 0.127% and 0.125%.

Our client was eventually released, but signed a promise to appear in the San Fernando Courthouse in about two months. The CHP kept all his weapons and ammunition, telling him that he had five illegally large capacity magazines (a violation of Penal Code § 32310), a concealed weapon carried in a car, the handgun in the front seat (a violation of Penal Code § 25400) and carrying a loaded firearm in a car, the shotgun in the trunk (a violation of Penal Code § 25850). He also faced charges of DUI, Vehicle Code §§ 23152(a) and 23152(b).

After the second DUI arrest, the client called Greg Hill & Associates, as our office had already been retained on the first DUI matter for our client, which had fortuitously not been filed yet (nearly eight months later).

The client then explained what had taken place in his second arrest for DUI. He then told Greg the date set for his arraignment in the San Fernando Courthouse.

The date for his arraignment in both cases coincidentally was the same date, so Greg explained that it may be possible to resolve both cases for first-time DUI’s and avoid the mandatory minimum 96 hours in county jail on the second DUI, as well as the mandatory 18-month DUI program on the second DUI.

Greg suggested that the client come with Greg to the San Fernando Courthouse first and simply plan on taking the prosecutor’s best offer Greg could negotiate if the case were allowed to resolve as a first-time DUI. Greg and the client would then travel to Torrance and try to resolve the Torrance DUI as a first-time DUI as well.

This is then what in fact did take place. The terms on the San Fernando DUI were more onerous because of the accompanying firearm-related charges.

In the San Fernando case, our client entered a no contest plea to violation of Vehicle Code § 23152(b) and Penal Code § 25400 (carrying a concealed firearm). As to the 23152(b) charge, the judge placed our client on three years of informal (summary probation) with an obligation to enroll in and complete the AB 541 (three-month) alcohol awareness program and pay a court fine of $390 (credit two days of custody, or $250) plus penalties and assessments (total about $950). There were no other terms.

As to the Penal Code § 25400 count, our client was placed on one year of informal (summary) probation with 120 days of county jail (suspended), with an obligation to pay a court fee of $220 flat (no penalties and assessments), plus perform 60 days of community service and stipulate to destruction of his shotgun that was loaded and the handgun that was in the front seat. He would otherwise be returned his three other guns at the end of probation.

All other charges were dismissed.

In Torrance, our client pleaded to the 23152(a) charge and the prosecutor struck the refusal to submit allegation. Our client was then placed on three years of informal probation with an obligation to enroll in and complete the AB 541 program, pay a court fine of $390 (credit one day in custody, or $125), attend the Mothers Against Drunk Driving (MADD) victim impact panel and the Hospital and Morgue (HAM) program. He was also obligated to perform 80 hours of community service for the car accident and to pay any out-of-pocket expenses the victim was not paid through insurance.

While such new obligations were quite overwhelming to the client, they were certainly better than had he pled to a second-time DUI with a mandatory 18-month DUI program and a mandatory minimum 96 hours in county jail.

It should be mentioned, in closing, that the DMV may still require our client to complete the 18-month DUI program if our client loses at his pending DMV hearing for his second DUI.