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San Diego Senator charged with DUI offered “Wet Reckless”

On Behalf of | Dec 9, 2014 | Firm News |

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.

The lesser “wet reckless” driving charge offered to Hueso “carries about half the fine and no jail time compared with the maximum $1,000 fine and six months in jail included in the DUI charges, said Sacramento County Chief Deputy District Attorney Steve Grippi,”.

Hueso’s Thursday arraignment, for which he was not present, was delayed through the request of his lawyer and has been reset for November 6. The general election, which includes Hueso’s bid for re-election against fellow Democrat Rafael Estrada, will be held Tuesday, November 4. Estrada received 27.9% of the vote in California’s June primary election.

Officers had arrested Hueso for drunk driving on August 22 after observing him driving the wrong way down a one-way street. His blood alcohol level was registered at .08 percent, the legal limit, at the time officers tested him.

 The Sacramento County District Attorney’s Office has filed two misdemeanor DUI charges against San Diego Sen. Ben Hueso following his arrest on suspicion of the crimes in late August.

Hueso was stopped early on the morning of Aug. 22 by the CHP after he was spotted driving the wrong way on a one-way road in downtown Sacramento.


The charges include one count of misdemeanor driving under the influence of alcohol and/or drugs and one count misdemeanor driving with a blood alcohol level of 0.08 percent or more, Shelly Orio, a spokeswoman for the district attorney’s office, said on Monday. They carry a maximum penalty of six months in jail and a $1,000 fine.

Hueso is scheduled to be arraigned in Sacramento Superior Court on Sept. 18.

Hueso, a Democrat, represents Chula Vista, National City, Imperial Beach, Coronado, a portion of the City of San Diego, Imperial County and the southern part of Riverside.

Hueso’s office released the following statement from the senator following his arrest in August:

“I am truly and profoundly sorry for the unacceptably poor personal judgment which I demonstrated last night. As someone who cares deeply about the public safety, I sincerely apologize to my family, my constituents and my colleagues in the Senate for breaching the trust they’ve all placed in me. I accept complete personal responsibility for my actions and any punishments that ultimately come my way as a result of this incident. I will also engage in immediate, corrective actions to ensure this kind of personal conduct is never repeated.”

Hueso’s office did not immediately respond to a request for comment on the charges, or say what corrective actions the senator has taken since his arrest.

For the full article, click here.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected] 

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