Winterhaven, CA asked in DUI / DWI for California

Q: What are the chances of having a 1st dui In california BAC .23 reduced or dismissed for medical reasons

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3 Lawyer Answers
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
Answered
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: It won't be dismissed for medical reasons, you may be found "not guilty" by a jury following a jury trial. You should contact a local DUI defense attorney to discuss your medical issues and how they can be developed into a defense.

Alexander Andryuschenko
Alexander Andryuschenko
Answered
  • DUI & DWI Lawyer
  • Los Angeles, CA
  • Licensed in California

A: What medical reasons are those? Veterans and active-duty military can apply for a diversion based on PC 1001.80 if they can connect the offense to sexual trauma, PTDS, TBI, or mental health issue related to their service in the military. There is also mental health diversion under PC 1001.36, which also discretionary with the judge. Some medical reasons (such as GERD) will have an artificially high BAC - but that will require a trial. If the medical condition is unrelated to the DUI and you are seeking a reduction/dismissal based on compassion, then it will not work.

Aaron R. Bortel
Aaron R. Bortel
PREMIUM
Answered
  • DUI & DWI Lawyer
  • San Rafael, CA
  • Licensed in California

A: As pervious attorneys answering this question have stated, to get a reduced sentence on a .23 BAC for medical reasons is in almost every case not going to happen. In the last couple years the law has modified to allow courts help Military Veterans avoid a conviction through a diversion program. Even more recently, as in within the last couple months the San Francisco DA's office has been in favor of a new type of Diversion known as Primary Caregiver Pretrial Diversion. This allows Primary Caregivers to apply for Diversion to avoid a DUI Conviction. We're not talking about a reduction. We're talking about no conviction at all. The hope is that other counties in California will follow San Francisco. If a conviction can be avoided by diversion, we still need to fight the DMV case to try and save your drivers license.

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