Assemblymember Wendy Carrillo Arrested on Suspicion of DUI
Los Angeles police arrested Assemblymember Wendy Carrillo for DUI following a collision. Her high BAC and the crash have drawn public attention.
Examining the Incident:
On Friday, November 3rd, at approximately 1:30 a.m., police responded to an incident involving Carrillo. She had hit parked cars, and her blood-alcohol level was reportedly twice the legal limit. For drivers over 21, the California Vehicle Code sets the BAC limit at 0.08%.
Facing the Charges:
- DUI (CVC 23152(a)): Police arrested Carrillo on suspicion of DUI, a breach of California Vehicle Code 23152(a), which prohibits driving under the influence of alcohol. Her failed field sobriety test and slurred speech provided probable cause for the arrest.
- Excessive BAC (CVC 23152(b)): Carrillo’s BAC, reported at over twice the legal limit, which brings Excessive BAC into play. The breathalyzer test results, if properly obtained, will be central to this charge.
- High BAC Penalties (CVC 23578): With a BAC well over 0.08%, Carrillo could face harsher penalties under California Vehicle Code 23578. A BAC of 0.15% or more can lead to more severe punishment due to the increased risk posed to the public.
Carrillo’s Connection to the Charges:
The crash and the tests link Carrillo to these charges. Her claim “I’m sorry, I sneezed and lost [control] of the vehicle,” does not negate the DUI charges. Her driving, the collision, and her high BAC create a direct link to the charges under California law.
Defense Strategies:
Carrillo’s defense will likely challenge the BAC test’s reliability, suggesting potential errors in the equipment or its handling. They may also question the field sobriety test’s administration, looking for procedural errors that could invalidate the results.
Mitigating factors, such as medical conditions or unusual reactions to alcohol, may be presented to lessen the severity of sentencing. Carrillo’s clean record and public service might be used to argue for leniency, framing the incident as an isolated mistake.
Legal Defense Tactics:
- Procedural Challenges: The defense will scrutinize the field sobriety and BAC tests for any legal standard deviations.
- Questioning Probable Cause: They will examine the initial police interaction to challenge the evidence’s basis.
- Contesting BAC Accuracy: The breathalyzer’s calibration and maintenance records will be under scrutiny to question the BAC findings.
Potential Sentencing Outcomes:
- Fines: Offenders face fines from $390 to $1,000, which can increase with assessments.
- DUI Education: Attendance at DUI school is mandatory, with the length depending on BAC levels and the court’s decision.
- Probation: This may be offered instead of jail, with conditions like avoiding new offenses and abstaining from alcohol while driving.
- Jail Time: A first DUI offense can result in 48 hours to six months in jail, with longer sentences for higher BACs, accidents, or injuries.
Carrillo’s DUI case underscores the gravity of such offenses, particularly for public figures, and the possibility of enhanced penalties. Anyone facing similar charges should seek an experienced criminal defense attorney.
For experienced legal representation for DUI charges, contact The Law Offices Of Arash Hashemi by calling (310) 448-1529 or scheduling a consultation. Our dedicated attorney will diligently defend your case and guide you through every step of the legal proceedings. Visit us at our Westside Towers office in LA, where we offer flexible scheduling and jail consultations.
