Showing Up Drunk to California DUI Sentencing Leads to Longer Sentence for Orange County Man

Posted By Thomas V. Wallin || 8-Aug-2011

Orange county dui attorney From time to time, we come across a California DUI story that perfectly describes what NOT to do following a driving under the influence arrest. This story is no exception. According to the Los Angeles Times, a former sheriff's deputy's sentence was doubled to 32 months in prison after he showed up drunk in court to face a DUI charge.

Allan James Waters, 38, could have received 16 months in state prison for his Orange County DUI conviction, but an offer from the Orange County judge was withdrawn after the he appeared in court at a prior hearing in June under the influence of alcohol.

According to the Times, the former deputy pleaded guilty on April 7 to felony driving under the influence causing bodily injury, two felony counts of selling a substance in lieu of cocaine, nine felony counts of obtaining a controlled substance by fraud, and a sentencing enhancement for causing great bodily injury to a 78-year-old woman.

At the June hearing, court bailiffs noticed Waters was showing signs of intoxication, including unsteady balance and emitting an odor of alcohol. As a term of Waters' $100,000 bail, he was prohibited from consuming alcohol.

After the discovery, Prosecutor Brock Zimmon requested an increase in bail, and Waters was taken back into custody on $250,000 bail. The judge postponed the sentencing but no additional charges were filed for this incident, as the level of intoxication did not rise to the legal standard for a crime.

At the rescheduled hearing, Judge Frank Fasel withdrew his previous sentencing offer of 16 months in state prison, based on the defendant's conduct at the previous hearing and out of concern for public safety.

If you have been arrested for driving under the influence in California, it is imperative to consult with an experienced California DUI defense attorney who can help achieve the best possible outcome in your case.