San Diego Senator was charged with both counts of a DUI in Sacramento. He was stopped after supposedly driving the wrong direction on a one-way street in Sacramento. His blood alcohol content was .08%, and thus the San Diego Senator was charged with both counts of a DUI: driving while intoxicated and driving with a blood alcohol content above .08%.
Although DUIs are illegal, driving after drinking is not always illegal. A person must either be intoxicated while driving (the A count of a San Diego DUI) or driving with a blood alcohol content of .08% or higher (the B count of a San Diego DUI). Since the San Diego senator had a blood alcohol content of .08%, he has the possibility of being charged with both counts, which is what happened here.
It is important to note that people make mistakes, even senators. Although someone may not feel they are intoxicated, sometimes blood will tell a different story. It is important to make sure you don’t have too much to drink and then drive, and if you are planning to drink multiple drinks, it may just be best to have a designated driver to take you home, to call a cab, or find some other form of public transportation to ensure you have a safe way home.
The San Diego Senator’s arraignment was scheduled for Sept. 18, 2014, at the Sacramento Superior Court.
UPDATE: Since then his blood alcohol level was registered as a .08%. There is a variance on these machines that even prosecution experts would agree. This case can potentially be very difficult for the District Attorney to prove. Thus far, nothing in this case is out of the ordinary. A wet reckless offer would be usuay given in this circumstance. The key is determining if a better offer is ever extended. Stay tuned.
Arrested for drunk driving in late August, Senator Ben Hueso (D-San Diego) will not face arraignment until just days after the November election. Hueso was also offered the option to accept lesser charges in place of the two counts of driving under the influence of alcohol.
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