OAKLAND DUI ATTORNEY MARK BLAIR TRANSFORMS OAKLAND DUI accident with two vehicles, .12/.11 breath results at the scene and .10/.10 after arrest PLUS ambient into NO DUI!
Arrested for a DUI in Oakland or elsewhere in Alameda County? Please call DUI lawyer Mark Blair at (510) 845-4343. Look at how DUI attorney Blair helped this person!
At approximately 1:30am, police arrived at an accident scene. Police discovered that client had smashed into two parked vehicles. Client’s vehicle is in a lane of traffic, blocking it. Keys are in the ignition. Police find client behind the steering wheel.
Police order client to get out of the vehicle. When client exited the vehicle, client staggers badly. Police observe client’s eyes to be red and blood shot. Police detect an odor of an alcoholic beverage coming from client.
Client had drunk wine and consumed ambien (a very strong central nervous depressant). Ambien (zolpidem) is a sedative, also called a hypnotic. Ambien is used to treat insomnia. It causes a person to go to sleep very quickly. When combined with alcohol, its effects can be greatly increased.
Police have client perform field sobriety tests. During the first test, client sways noticeably. Police had client estimate when 30 seconds elapsed. When client said “that’s thirty”, it was 40 seconds.
Police had client perform the walk and turn test. Police notice client staggering noticeably. Client raised arms for balance. Client was unable to walk in a straight line as instructed.
Police had client perform the one leg test. Client raised her arms for balance during the test. Client lowered her raised leg to the ground several times during the test to keep client’s balance. Once 30 seconds had passed, client ended her count of one thousand nineteen (instead of one thousand thirty).
Police had client do the finger to nose test. One finger touched client’s lip instead of nose.
Police examined client’s eyes. During the nystagmus test, police observed a lack of smooth pursuit in both eyes. Police estimate the onset of nystagmus to be 40 degrees in each eye.
Police have client blow twice into a hand held breath machine (preliminary alcohol screening device). The first result is .124. The second result is .114.
Police then arrest client. After arrest, client submits to two additional breath tests, each of which were .10.
At court, client is charged with a DUI. Despite having smashed into two vehicles, having .12/.11 roadside breath results, having taken ambien, and having .10/.10 breath results after arrest, client avoids a DUI! Client receives a lesser charge, “wet reckless”, no jail and no community service!
DUIs are complex and require an attorney who specializes in DUIs. If you were arrested for a DUI in Alameda County, you have court in Oakland, Pleasanton, Fremont or Hayward. You need an experienced, local attorney who is extremely knowledgeable about DUI law in Alameda County. Please call DUI attorney Mark Blair at (510) 845-4343 for a free consultation. Mark is a DUI lawyer who has helped thousands of persons like you get the best result possible in their cases!
DISCLAIMER: The results of any person’s DUI case described on this web site and/or in the Bay Area DUI Law newsletter depend on factual and legal circumstances that are unique to a specific person. Information provided by this web site and/or the Bay Area DUI Law newsletter does NOT constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Any reference to laws, procedures, punishment or license consequences at court or the DMV in this web site and/or Bay Area DUI Law newsletter is NOT intended to be complete description of what can and will happen in any or every DUI case but instead is a simplified summary to facilitate the reader’s understanding of general issues involving DUI law. The law is in constant change; penalties and consequences change; as such, the reader should not and cannot rely upon anything mentioned in this web site and/or Bay Area DUI Law newsletter. The reader is strongly advised to seek competent legal counsel to ascertain the law, penalties and consequences that apply to his/her unique circumstances.