On September 2, 2009, Westminster City Councilman Andy Quach pleaded guilty to driving under the influence-a misdemeanor-stemming from an August 2, 2009 traffic accident wherein he crashed his Mercedes-Benz S550 into an electrical pole that knocked out power to more than 300 homes.  It was reported that prior to the traffic collision, Mr. Quach was having dinner with some friends at the West Coast Seafood Buffet restaurant on Beach Boulevard.  It was further reported that Mr. Quach had a blood alcohol concentration level of 0.26%-more than three times the legal limit of 0.08%.

According to news reports, the Councilman said that he does not plan to resign and apologized for his conduct at a recent city council meeting.  Further, that Mayor Margie Rice said that Mr. Quach did the right thing by owning up to his mistake.  It was also reported that Mayor Rice said the City Council cannot legally take action against Mr. Quach because, according to California law, only elected city officials convicted of a felony are required to step down or resign.

Mr. Quach, who has served on the Westminster City Council for seven years, was sentenced on September 2, 2009 before Commissioner Thomas Rees in the West Justice Center Court in Orange County, California.  Mr. Quach was sentenced to three years of informal probation, 10 days of Caltrans, a nine-month alcohol program and nearly $2,000 in fines and court fees.

The purpose of this post is not to publicize Mr. Quach’s arrest and subsequent conviction for driving under the influence; rather it is to address the reasons for his sentence.  The sentence Mr. Quach received, while harsh, is not all that uncommon.  Pursuant to Vehicle Code § 23538, Courts shall refer a first offender whose blood-alcohol concentration was 0.20% or more to a nine month alcohol program that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.  The Caltrans requirement is oftentimes requested, but not always required, as a condition of a plea agreement.  This is why it is important to retain the services of an experienced DUI defense attorney to represent you if you are charged with a DUI.

If you or anyone you know is charged with driving under the influence, please have them contact the Law Office of Barry T. Simons at: 949-497-1729 or visit our website at: www.duilawyerorangecounty.com.