City attorney is arrested for DUI

Jennifer McGrath caught driving on wrong side of Main Street with a blood-alcohol level of .21; City Council members rally to her defense, say she should not resign.Preliminary breath tests show City Atty. Jennifer McGrath’s blood-alcohol level was .21, more than twice the legal limit of .08, at the time she was arrested early Dec. 21 on suspicion of drunk driving, said Susan Schroeder, spokeswoman for the Orange County district attorney.

McGrath has been charged with two misdemeanor counts of driving under the influence -- the norm in DUI cases -- and will be arraigned on Jan. 21. If convicted, she could face up to six months in jail, Schroeder said, although as a first-time offender, it’s unlikely she’ll receive such a stiff penalty.

McGrath, 37, was pulled over at 12:06 a.m. after officers saw her driving a Ford Expedition on the wrong side of Main Street, said Lt. Craig Junginger.

Junginger said she was given basic field sobriety tests.

“Upon completion of all the tests, the officers had reason to believe she was driving under the influence,” Junginger said.

McGrath later opted to have her blood drawn for a blood alcohol test; those test results are not yet available.

“Those results usually are not available for a week or so,” Junginger said.

McGrath spent four hours in jail.

“We handled her just like we handle any other citizen that gets arrested,” Junginger said.

McGrath declined to discuss the matter in detail but noted that she had never been arrested before and offered this brief, prepared statement:

“I made a mistake. I’m taking full responsibility for my actions and any consequences therefrom. I deeply apologize for any embarrassment I have caused the city or my family and friends, and I can assure this will never happen again.”

When asked whether she was planning to seek medical treatment, McGrath responded: “I will take whatever steps are necessary.”

News of McGrath’s arrest was a surprise to many at City Hall.

“It’s kind of upsetting, and yet she’s a human being, and hopefully she’s learned from her mistake and she’ll never do it again,” said City Councilman and former police officer Gil Coerper. “I look at it like when a police officer ... [gets a DUI]. You deal with it day in and day out, and when it does happen to a fellow officer, you hope that they will learn a lesson and keep out of trouble.”

When asked whether they believed McGrath should resign, council members Coerper, Keith Bohr, Cathy Green, Debbie Cook and Mayor Dave Sullivan all said no.

“I think everyone deserves a second chance,” Sullivan said.

Council members Don Hansen and Jill Hardy declined to answer the question.

McGrath was first elected to office in 2002 after a bitter campaign against attorney Ron Davis. One of her endorsements during that campaign came from the Huntington Beach Police Officers Assn., the union that represents the officers who arrested her. What effect the arrest will have on her political career remains unseen.

According to the city’s charter, McGrath can be removed from office only if recalled by the voters. She will be up for reelection in 2006. Davis has already vowed not to run against her, and some say her recent arrest might hurt her campaign.

“It’s hard to say. It just depends on who runs against her. If some talented lawyer who doesn’t have any bad strikes against him comes out, he could probably beat her. This could be the straw that broke the camel’s back,” Planning Commissioner Bob Dingwall said. “But it if someone just comes out of nowhere, it would be practically impossible to beat an incumbent city attorney.”

Replacing an incumbent city attorney isn’t an easy. McGrath’s predecessor, Gail Hutton, served in the office for 25 years until she resigned in 2002. Huntington Beach is the only city in Orange County, and one of five in California, that elects its city attorney.

That makes it difficult for anyone to challenge McGrath because only licensed attorneys who live in Huntington Beach can vie for the position, former mayor Ralph Bauer said.

McGrath’s popularity might be enough to get her through this episode, he added.

“In general, people are pretty charitable and Jennifer [McGrath] is a pretty nice person,” he said. “I don’t think a candidate would use that against somebody. It’s a hit below the belt.”

McGrath is a Huntington Beach native and attended Edison High School and later UCLA, before obtaining her law degree from McGeorge Law School at the University of the Pacific.

QUESTION

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