Our Bellflower drunk driving criminal defense attorneys were not surprised to see a formal announcement that Miguel Santana will be charged with drunk driving. Santana, 40, is the top budget analyst for the City of Los Angeles, a position appointed by the mayor. He was pulled over just after midnight March 26 in Covina, by a CHP officer who found that Santana was intoxicated. He reportedly took a leave of absence after his arrest to seek help for an alcohol problem, but has since returned to work on the city's difficult and controversial budget. According to an April 26 article from television station KCAL 9, he will be arraigned May 25 in West Covina court.
According to an earlier Los Angeles Times article, Santana was returning to his Claremont home on the night of the arrest, after attending a political roast of Los Angeles County District Attorney Steve Cooley. A CHP officer noticed his city-owned Honda Civic speeding on a surface street and pulled it over. In the ensuing interview with Santana, the officer noticed signs of intoxication and put Santana through field sobriety tests, which he reportedly failed. The budget officer also submitted to a blood-alcohol test, but the CHP does not disclose BAC test results. Santana publicly apologized the next day and took a leave of absence to seek alcohol treatment. He now faces both types of DUI charge possible in California: a charge of having a BAC over the legal limit of 0.08, and a charge of driving under the influence.
As Monterey Park DUI criminal defense lawyers, we're not at all surprised to see both charges. Prosecutors commonly bring both types of charge against DUI defendants, although anyone convicted of both will only face one penalty. By bringing both charges, prosecutors double their chance of a successful conviction even if, for example, an experienced attorney succeeds in challenging the BAC test result. In fact, there are multiple ways to challenge test results, including challenges to the legality of the traffic stop and the handling of the evidence. Eliminating the BAC test result means prosecutors must rely on the "under the influence" charge for a conviction, and that is a much more subjective charge. These cases frequently rest on subjective police observations, flawed field sobriety tests and other evidence that's open to interpretation and challenges.
At Howard Law, P.C., we advise any client accused of intoxicated driving in California to come to us as soon as possible to discuss their next steps. That's because in California, DUI defendants have just ten days, including weekends, to request a hearing where they can challenge the suspension of their driver's licenses. Our Cerritos drunk driving criminal defense lawyers can and should defend clients at that hearing. We can coordinate that defense with the separate criminal defense of the DUI charge, at which you face additional criminal penalties, including jail or probation, alcohol classes, steep fines and more. All of these penalties are for a first DUI, and can be considerably more harsh for a repeat offense or an offense with an enhancement for an event like an injury accident. With this much at stake, it's essential for DUI defendants to get in touch with an experienced attorney as soon as possible.
Howard Law, P.C. offers free, confidential consultations, so you risk nothing by speaking to us about your rights and your case. To set one up, call us today at 1-800-872-5925 or send us a message through our website.
