DUI Arrest

[lamedic1]

I am just looking for some input from people that have dealt with this situation:

I am an EMT in Orange County that was arrested for a DUI last October. My trial date is set for late February, and the more I discuss this the more hesitant I become.

First of all, the situation:
I left a bar a little after 2AM one night. As I was leaving, I decided to get some food before returning home and headed in the direction of a nearby fast food place. While driving, I noticed a police car behind me. The restaurant I pulled into was closed, and I had no choice but to leave the parking lot and continue my trip home. At this time, I decided to go towards a friend's house that was a closer distance. The officer followed me for a little less than four miles. As I came close to leaving city lines, the officer (which was local police) turned on his lights and pulled me over. Now immediately I became a bit panicked. When I had initially noticed the officer following me I made sure not to speed or drive too slow, and obeyed every traffic sign that I passed. Also, when I pulled over I made sure to be within the right range of the curb and not to hit it or cause any kind of suspicion. I've been pulled over before for speeding a few times, and I was always told why the officer had pulled me over. In this case, the officer did not. He simply pulled me over and began his tests (first the nystagnus test followed by the field sobriety test). After both tests he had me sit on the curb and we waited about twenty minutes for a breathalyzer, which captured my BAC at .10. I was arrested and taken to the station where they drew blood (later revealed to be at .13). I was asked to remain at the station for a few hours and then was sent home in a cab.

I contacted an attorney and immediately scheduled my DMV hearing. The DMV ruled in my favor and my license was not suspended or revoked.

My background:
Prior to this event, I only had one point on my driving record. I've been an EMT in Orange County for nearly six years, graduated with a degree in Criminal Justice (in hopes of one day going towards a position with the police department), have a clean record ... I'm an Eagle Scout for crying out loud.

Here is the issue: being an EMT is the only job I've ever been good at. If convicted I not only lose my license and my ambulance driver's certificate, but also have a criminal record which will hinder any attempt at a law enforcement career. In fact, I recently withdrew my application from a government agency that wanted to proceed with my interview process (just in case I am convicted).

I know I should have been smarter than driving after drinking, but to be completely honest I did not feel impaired to the point where I was a danger. Still, I am not looking for sympathy based off of what I did. Rather, I just want to know what to expect. I’m hoping that my clean background, career path, and the DMV hearing will persuade the court in my favor.

My court date is set for next month. To this point, my attorney hasn’t communicated much with me. I’m told that most attorneys are like this. I am happy with his work so far, considering the outcome of my DMV hearing. But the lack of communication and planning also worries me.

If anyone has any input I would be happy to hear it.

 

[garrula lingua]

I am just looking for some input from people that have dealt with this situation:

I am an EMT in Orange County that was arrested for a DUI last October. My trial date is set for late February, and the more I discuss this the more hesitant I become.

First of all, the situation:
I left a bar a little after 2AM one night. As I was leaving, I decided to get some food before returning home and headed in the direction of a nearby fast food place. While driving, I noticed a police car behind me. The restaurant I pulled into was closed, and I had no choice but to leave the parking lot and continue my trip home. At this time, I decided to go towards a friend's house that was a closer distance. The officer followed me for a little less than four miles. As I came close to leaving city lines, the officer (which was local police) turned on his lights and pulled me over. Now immediately I became a bit panicked. When I had initially noticed the officer following me I made sure not to speed or drive too slow, and obeyed every traffic sign that I passed. Also, when I pulled over I made sure to be within the right range of the curb and not to hit it or cause any kind of suspicion. I've been pulled over before for speeding a few times, and I was always told why the officer had pulled me over. In this case, the officer did not. He simply pulled me over and began his tests (first the nystagnus test followed by the field sobriety test). After both tests he had me sit on the curb and we waited about twenty minutes for a breathalyzer, which captured my BAC at .10. I was arrested and taken to the station where they drew blood (later revealed to be at .13). I was asked to remain at the station for a few hours and then was sent home in a cab.

I contacted an attorney and immediately scheduled my DMV hearing. The DMV ruled in my favor and my license was not suspended or revoked.

My background:
Prior to this event, I only had one point on my driving record. I've been an EMT in Orange County for nearly six years, graduated with a degree in Criminal Justice (in hopes of one day going towards a position with the police department), have a clean record ... I'm an Eagle Scout for crying out loud.

Here is the issue: being an EMT is the only job I've ever been good at. If convicted I not only lose my license and my ambulance driver's certificate, but also have a criminal record which will hinder any attempt at a law enforcement career. In fact, I recently withdrew my application from a government agency that wanted to proceed with my interview process (just in case I am convicted).

I know I should have been smarter than driving after drinking, but to be completely honest I did not feel impaired to the point where I was a danger. Still, I am not looking for sympathy based off of what I did. Rather, I just want to know what to expect. I’m hoping that my clean background, career path, and the DMV hearing will persuade the court in my favor.

My court date is set for next month. To this point, my attorney hasn’t communicated much with me. I’m told that most attorneys are like this. I am happy with his work so far, considering the outcome of my DMV hearing. But the lack of communication and planning also worries me.

If anyone has any input I would be happy to hear it.

IMHO, you need an attorney who is excellent at negotiating with the Prosecutor. It doesn't sound as though you would prevail at trial, so the only chance you have is for a reduction to a wet and reckless, which may allow you to keep your EMT job. Quite a few DDAs will go along with this dispositon, as it will count as a prior if you are DUI again.
Many DDAs will cut a break for teachers, nurses, and other licensed workers who may have their career totaled by a 23123 DUI conviction. (A wet and reckless is 23103 per 23103.5 per the Vehicle Code).
The Prosecutor has to believe that a DUI conviction in this situation would incur consequences beyond what was intended by the legislature (that was my rationalization; one could argue that such a consequence was specifically intended, but I generally reduced, taking the arresting facts into consideration).
An agressive defense attorney is probably the worst one to have in this situation. You need a 'teddy bear' - one the Prosecutor trusts, will listen to, and respects. It may work better if your attorney offers some severe additions to the wet: extra alcohol program, or AAs or community service or Caltrans. Whatever it takes to pay the price for the reduction.