The Los Angeles DUI Law Blog

Devin Ebanks' DUI: What's He Facing?

Lost in the weekend’s coaching cacophony was the news that Los Angeles Lakers’ forward Devin Ebanks was arrested on Friday morning on suspicion of driving under the influence. According to the Los Angeles Daily News, Ebanks was stopped at 2:32 a.m. at Hollywood Blvd. and El Centro Ave. He was booked at 3:44 a.m.

The details of his alleged intoxication have yet to come to light, though the Daily News reports that Ebanks tweeted an encouragement to his followers to join him at Roxbury on Thursday night to celebrate a woman’s birthday.

Assuming that the suspected drug is alcohol, this is how the charges break down for a first time offender:

Two Charges, One Crime

Those suspected of DUI are typically charged with both driving while impaired and driving with a blood alcohol content of 0.08 or more. The impairment charge covers drugged driving, mixed alcohol and drugs, and impairment at lower levels (for light-weights). The charges are alternates, so he won't be punished twice for the same crime.

BAC is Everything

We're going to go out on a limb here and guess that this DUI was alcohol related. For one, drugged driving arrests are rarer. Also, he was leaving a night club, which typically means booze that flows freer than the Seven Seconds or Less Offense (get it? D'Antoni is the new coach.)

Assuming it was booze, his outcome will depend on the blood alcohol test results. If his BAC was below 0.08, absent obvious signs of intoxication (light-weights), the charges will probably be dropped.

If his BAC is above, but near 0.08, a plea bargain to a "wet reckless" charge is nearly guaranteed, which means no jail time and up to two years of probation.

For an extremely high BAC, meaning above 0.15, he'd face possible sentencing enhancements (typically a longer alcohol education course) and possibly a few days in jail. Where it really hurts is the plea bargain process; prosecutors don't like to hand out plea bargains to the drunkest of drunks.

Anything below the high-BAC threshold and above the barely illegal territory will probably result in a plea bargain as well, albeit a plea to an actual DUI charge. Bobby Brown agreed to such a deal earlier this year (before repeating the mistake) and received no jail time and three years probation.

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