Vista, Third-Time DUI, Hit and Run, Refusal, 0.21% BAC

Our client, age 63, was a retired Los Angeles Police Department Officer who was struggling with alcohol.  He had picked up two DUI convictions in the last five years and was on probation for his second DUI, a car accident and hit and run case where is BAC had been 0.22% BAC.  He was suffering from depression and anxiety attacks.

He was two years into his informal probation on this second DUI when he was driving home one afternoon in June, 2024.  He was driving on College Boulevard in Oceanside, trying to turn left onto Aztec Street.  It was about 5:45 p.m.  It was a weekday.

Rush-hour traffic had clogged up the streets and our client was waved through the intersection by opposing traffic facing a red light.  Just as he turned left, crossing in front of two lanes of traffic yielding to him, he was hit by a car driving at a high rate of speed in the bike lane.

Our client had no time to react before being hit, as the other driver was going so fast.

Our client pulled over on Aztec and exchanged driver’s license information with the other driver, but not insurance information, as our client did not have his insurance card with him.  Our client told the other driver he would drive home and get it and then return in a few minutes.  Our client then left the scene.

The Oceanside Police Department arrived in the meantime and then, using the information our client gave to the other driver, drove out to our client’s house to arrest him for DUI because the other driver told police our client appeared to be drunk.

Police arrived at our client’s house just as he was pulling into his driveway.  In other words, unlike in many car accident cases, the police observed our client driving.  However, there was nothing in his driving that demonstrated impairment.

Police immediately handcuffed our client and brought him back to the scene of the accident for the other driver to confirm he was the other driver involved.  The other driver indicated that our client indeed was the other driver and our client was arrested.

Once at the Oceanside police station, our client refused to submit to a breath or blood test, so police obtained a McNeeley (Missouri v. McNeeley (2013) 569 U.S. 141) warrant to draw blood from our client.  The blood was drawn about three hours and forty-five minutes after our client had his collision.

The blood was later tested for its ethanol content, which was measured at 0.215% BAC, which meant his blood alcohol content at the time he was involved in the accident was about 0.28%.

The client was then held at the Oceanside jail until his brother, who Greg had represented in a DUI many years earlier, posted bail for the client.

The client then called Greg Hill & Associates and spoke with Greg Hill about his case.  The client described the aforementioned facts, except he did not yet know his BAC.

Greg explained the defenses to a “refusal” case and also what the minimum punishment was for a third-time DUI.  Greg and the client discussed the mandatory, statutory 120 days in county jail and how some courts permit a defendant to earn custody credit by participating in a sheriff’s “work release” program in lieu of actual time in county jail.  The client commented that this was how he served 60 days in custody for his second DUI.

The client then retained Greg Hill & Associates.

At the arraignment, which the client did not have to attend, the client showed up in court.  He explained to Greg that he was “just curious” as to what would happen to him and concerned about time in custody because he had mortgage payments to make, property taxes to pay and child support payments.  He also had to pay HOA dues and worried that his disability might be cut off if he was in custody.

It turned out that it was good our client did appear, although not required because the San Diego County District Attorney assigned to the case regarded it as a high-level felony, not a misdemeanor.  He advised Greg that he would ask the judge to remand our client immediately as a danger to the public.  

Greg responded by asking the DA what the People’s plea bargain would be if our client agreed to resolve the case that day.  The DA’s response was 180 days in county jail, followed by five years of informal (summary) probation with the obligation to complete the 18-month alcohol awareness program (SB 38), pay court fees and fines of $390 plus penalties and assessments (total of $2789) and have the ignition interlock device on his car for one year.

Greg asked if the prosecutor would be willing to speak with him and the judge in chambers and the prosecutor agreed.

The judge then discussed resolution of the case with both the prosecutor and Greg.  After Greg explained the case, and what Greg suggested to resolve the case, the judge suggested a compromise of 90 days in custody for our client, followed by 90 days in a residential alcohol treatment facility, plus the SB 38 program and payment of court fees and fines.

After discussing this with our client and whether he would be remanded immediately (the answer was no), our client agreed to the deal as suggested by the judge.

The judge then ordered our client to have a SCRAM (secure continuous remote alcohol monitoring) device installed on his ankle for 30 days prior to surrendering to serve his jail time.  The 30 days of having SCRAM on his ankle would earn him 60 days in custody, making his later time in custody considerably less.

The client was amazed at the deal negotiated and was especially grateful to have a plea bargain with less than the statutory minimum of 120 days in custody, particularly so with such awful facts involved.