Success Stories/Criminal Defense/Criminal Defense/Pulled Over After Dinner With Alcohol Slightly Over the Limit. Kept the Work License First, Then Negotiated With Dashcam Evidence to a Plea to Reckless Driving
Driver's license kept

Plea reduced to reckless driving after alcohol

Pulled Over After Dinner With Alcohol Slightly Over the Limit. Kept the Work License First, Then Negotiated With Dashcam Evidence to a Plea to Reckless Driving

CASE SUMMARY

Adaptation note: This story is adapted from similar matters handled by Lingtu Law and its peers. Names, places, dates and amounts have been changed, and the outcomes are presented as scenarios only. They do not reflect that similar cases will reach the same result.

Background

G drives his own vehicle for a delivery business and is on the road every day. One evening in early March this year, after dinner with a friend and two beers, he decided he was fine and drove home. A patrol officer stopped him. The officer said he was weaving within his lane, and his breath test came back at 0.09%, just above the 0.08% limit. It was his first incident. He was charged with DUI, his license was taken on the spot, and he received a temporary paper license. After an arrest, he had only ten days to request a DMV hearing. If he missed it, the license would be suspended automatically. He relied on driving for his income, and without a license his job was at risk.

Strategy

G did not argue. He said that once he had been drinking, he should not have driven. We requested a DMV hearing the day we took the case. The test result held up, and the suspension was not withdrawn. But we secured a restricted license for him: an ignition interlock device in the vehicle, enrollment in a DUI course, and proof of insurance. With those, he could drive to work and on his delivery routes, and his job was preserved. On the criminal side, we obtained the dashcam footage from the patrol car and the officer's body-worn camera. The footage showed his car drifting within its lane only once or twice, never crossing a line, at a normal speed, and he performed reasonably on the roadside tests. We did not use this to say the officer had made a mistake. Instead we told the prosecutor that the alcohol level was only slightly over the limit, that his driving did not match the report's description of "obvious weaving," and that a trial might not be a sure win for the prosecution. Before negotiations he had completed a DUI course and attended a victim impact presentation, and he had used a ride service for gatherings since then. We gave the prosecutor these records as well.

Case Timeline

Date Milestone
Early March 2026 Stopped at night; charged with DUI; DMV administrative hearing requested the same week
April 2026 First court appearance; Lingtu Law's team appeared on his behalf; requested the dashcam and body-worn camera footage
May 2026 DMV hearing; suspension upheld; after an ignition interlock was installed, a restricted license was issued and he returned to work
July 2026 Obtained the footage; submitted it with the course records to the prosecutor; negotiations began
Early September 2026 G pleaded to reckless driving after alcohol; summary probation and a DUI education course ordered
Mid-September 2026 DMV suspension period ended; full license restored

Outcome

In early September the parties agreed. G pleaded to the lesser charge of reckless driving after alcohol, received probation, and completed the court-ordered course. The suspension ended in mid-September and his license was restored to full status. We also explained that this incident counts as a DUI record for ten years, and that a repeat would be treated as a second offense.

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