Attempted Drunk Driving can be negotiated in cases where the person is not caught driving but may be intoxicated in or near the vehicle.
Penal Code Section 21A is California’s universal law against attempting to commit a crime. It applies to any attempted crime, but in the context of DUI law it means that you attempted to drive while either:
- Impaired by any drug or alcohol, or
- Under the influence of alcohol with a blood alcohol concentration of .08% or more
In order convict you of any attempted crime, the prosecutor has to show two things:
- Intent. You specifically intended to commit the crime. If you were inebriated at a bar and decided to drive yourself home, that is intent.
- The attempt. You must have actually taken some step toward committing the crime. The law states that it must be a direct step, even if it was an ineffective one.
Another section of the California Penal Code, PC 664, states that the penalties for attempted crimes are:
- Half the potential jail or prison sentence for committing the crime, and
- Half the potential fine
This makes attempted DUI a much less serious crime than DUI. For example:
- Your jail sentence and fines are halved, and you may never serve jail at all
- There is no requirement to suspend your license
- There is no requirement to go to DUI school or other special DUI penalties
- Your offense does not count as a prior DUI for future arrests
You don’t have to plead guilty, contact our office today for a free same day consultation
Because you have so much to lose you need the most experienced and aggressive defense attorneys on your side. Whether it’s defending you in trial or negotiating for dismissal, you can count on us. Our experienced and aggressive negotiating efforts usually result in better outcomes for our clients including reduced charges, lesser jail days, and smaller fines. Call our office today at (916) 939-3900 to speak directly to an attorney about an attempted drunk driving resolution. We are open 24/7/365 to answer your questions.
