I was stopped with a BAC of .08 - followup.

Plea negotiations depend on a variety of factors, but essentially hinge on the strength of the prosecution's case. The first issue many attorneys analyze regarding DUI cases is whether or not there was probable cause for the traffic stop. An officer can't just stop a car because they suspect a person is DUI unless they have a legal justification, typically a moving violation. The other two main issues in DUI cases are whether or not the person was driving and whether or not they were under the influence. Strangely enough, driving can be an issue. Generally to arrest someone for DUI the offense had to be committed in the presence of the police officer. Situations where driving is an issue is when a person is found passed out in a vehicle on the side of a road or are involved in an accident not in the officer's presence for instance. In California a person is presumed to be under the influence is their blood alcohol content is .08 or more. This is a key issue in your case since you are right on the borderline. Depending on how long after the officer observed you driving the breath test was administered an attorney may be able to demonstrate your BAC was lower at the actual time of driving. Title 17 of the CA Code or Regulations states the rules for chemical testing. It states how often breath machines are supposed to be calibrated and how accurate they are supposed to be. Another requirement is that an officer is supposed to observe a person for 15 minutes before administering the test. The 15 minute observation period is to make sure they don't vomit, burp, or have something in their mouth. . If a person did vomit or burp this could cause an inaccurately high reading due to mouth alcohol. A lot of litigation also surrounds the administering of the Field Sobriety Tests. FSTs are primarily what an officer bases his decision to arrest on and you are not required to take a chemical test until arrested. If the FSTs were not properly administered, and they rarely are, then the officer may not have lawfully arrested you. These are just a few of the issues an experienced DUI attorney will look into and depending on their evaluation of the case they may be able to negotiate a "plea deal". The best deal is obviously a dismissal; however, other possible negotiated pleas are a "wet reckless" (VC23103(a)/23103.5) or a simple reckless driving (VC23103(a)). DUIs are priorable for 10 years and subsequent offenses are punished more harshly than first offenses. A "wet reckless" is still considered a prior for future offenses but the punishment is slightly less. Simple reckless driving is not considered a prior, but is still a misdemeanor offense Costs of attorney's vary dramatically and unfortunately you sometimes get what you pay for. An attorney who charges just a few hundred dollars will likely only help you fill out a guilty plea form. They will probably ask the prosecutor what the offer is and then tell you to take it. An experienced DUI Attorney may charge as much as $5,000 not including their trial fee. Beyond attorney costs are criminal fines and fees of approximately $2,000. The cost of a DUI class of approximately $500. Insurance rates may double or even triple. Not being able to drive if your license is suspended. The cost of missing work to complete all the requirements of a DUI sentence. In the long run, attorney fees may be the least of the expenses in a DUI case and an experienced DUI attorney may be able to prevent a DUI conviction saving you thousands in the long run. Brian Andritch 559-355-4709