In People v. GMM, our client was found by CHP on the side Highway 101, sound asleep at the wheel. They conducted a DUI investigation and administered two breath tests, with results of 0.14. and 0.14. After they arrested him, he took a blood test, which also showed an alcohol level of 0.14. Because he had a prior DUI conviction, he faced taking the 18-month alcohol education class, installing the ignition interlock device, and substantial time in jail or on supervised home confinement. After a three-year battle in court (including a trial that ended with a hung jury), the DA dismissed the DUI charge and he pled to a reduced charge, a “wet reckless,” He was ordered to complete the 12-hour alcohol education class and pay a reduced fine, with no jail time and no automatic license suspension.
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