Can Counseling Or Treatment Affect The Outcome Of A DUI Case At The Trial Stage?
Typically, counseling or treatment will not affect the case much when it is already at the trial stage. However, it does help in negotiating in the early stages of a case. Counseling can include meeting with a therapist, doing AA meetings, outpatient care, or inpatient residential treatment. Depending on how high the blood alcohol level was at the time of the arrest, one type of treatment may be more beneficial than another.
When the case enters a jury trial stage, the jury will not be told about your counseling or treatment. Instead, they will be presented with the facts of the case. In a worst-case scenario, if you are convicted, a judge may take your counseling or treatment into consideration, and reduce the punishment. If you feel you have a problem with alcohol and drugs, I highly encourage you to obtain treatment, regardless of the stage of your case. We always want our clients to be as safe and healthy as possible.
What Are The Different Types Of Charges Faced In DUI Cases In Marin County?
There are two different types of charges we typically see in DUI cases. Vehicle Code Section 23152(a) and 23152(b). The A subsection is impaired driving and the B section is .08% BAC or above. When a DUI arrest includes a car accident, it is much easier for the prosecutor to prove you violated section A, since you showed bad driving. Officers may determine you were under the influence by conducting field sobriety tests, observing your mannerisms, and asking you questions. Subsection B does not have to do with poor driving, but with proving your Blood Alcohol Level (BAC) was above .08%.
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