QUESTION
How good of a chance do I have of getting this DUI charge reduced?
Asked on Mar 17th, 2013 on DUI/DWI - California
More details to this question:
I received my first DUI with a BAC of .082. I got a warning for speed but did not have an accident and was not swerving. I was very cooperative with the cop and was told because of my cooperation that he was not going to tow my car. As soon as we got to the station I was uncuffed and told I was able to call for a ride home.
13 ANSWERS
Geoffrey MacLaren Yaryan
At .08 you have a good chance to get it reduced to what's called a wet reckless.
Answered on Mar 19th, 2013 at 7:46 PM
John D Duncan
It really depends on the officer and the prosecutor with this question. In my experience, there are not many reductions when you take the state administered test. If the reading you describe came from the PBT on the side of the road, however, you have a better chance. Get a good lawyer to help you with this one.
Answered on Mar 19th, 2013 at 1:01 PM
2 Awards
It would be best to review your case with a DUI attorney in your local area. He/she could provide a candid opinion of your options and potential outcomes. Most attorneys will provide an initial consultation for free. Good luck!
Answered on Mar 19th, 2013 at 5:44 AM
Michael J. Breczinski
Get a lawyer and maybe you can get the matter reduced.
Answered on Mar 19th, 2013 at 5:44 AM
You should hire a DUI specialist, and do it soon because you have only 10 days to save your license. You're right at the borderline of the legal limit, so it would be a big waste for you to plead guilty.
Answered on Mar 19th, 2013 at 12:27 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It's a possibility. I suggest that you consult with an experienced criminal/DUI defense attorney. She can review your case and advise you of your options.
Answered on Mar 19th, 2013 at 12:07 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
Sounds like you potentially have a very good case to get your DUI charge dismissed (either completely, or reduced to a lesser charge). There are a lot of variables in DUI defense, so I would like to know more details about your case. As a general rule though, having a .08 BAC, which is just at the legal limit, is a good place to start in defending these cases.
Answered on Mar 18th, 2013 at 10:43 PM
3 Awards
It should be simple to reduce to DWAI, but doing better may be tougher. We may be able to win your drivers license hearing, so make sure to request one. In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Mar 18th, 2013 at 10:22 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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This depends on whether or not you had a second test, usually of blood. That takes a bit of time to report, but there's a chance it could show a lower BAC, if the first test was done by the breathalyzer in the police car. If the .082% results from the intoxilyzer in the station, it is very hard to challenge. Assuming there driving was not too terribly bad, you could at least get the minimums. In addition, a good lawyer could review the police reports and possibly find a reason to challenge the stop in the first place. Get a good lawyer.
Answered on Mar 18th, 2013 at 10:20 PM
3 Awards
With the facts that you have given below you have a case that I am interested in. Please if this is an Eastern Washington State charging please consider me as your attorney. I live in Moses Lake, WA and travel throughout Eastern WA state handling all types of criminal offenses. Thanks for the consideration. I have 20+ years experience.
Answered on Mar 18th, 2013 at 9:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get a good attorney, you have a slight chance of getting the charge reduced to a non-alcohol related infraction.
Answered on Mar 18th, 2013 at 9:46 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You may be able to avoid a conviction entirely. Contact qualified DUI counsel.
Answered on Mar 18th, 2013 at 9:44 PM
Michael Paul Vollandt
To many dynamics with a .082. I do not think the DA will reduce the charge. Have a DUI attorney check out the police report so see if there is any probably cause issues, etc.
Answered on Mar 18th, 2013 at 9:42 PM