QUESTION
Is it possible to lower a DUI to dry reckless due to circumstances?
Asked on Aug 19th, 2012 on DUI/DWI - California
More details to this question:
I had a small accident due to a tire blow out and blew a 0.09 back at the office. I believe I passed all the tests (other than the breathalyzer), don't have any history, and I was very cooperative. What are my chances? I know it depends on the DUI attorney, but have you seen this reversed?
12 ANSWERS
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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You have described a wet reckless in my county. A dry reckless usually requires a lower BA than .08.
Answered on Aug 26th, 2012 at 12:41 PM
It is possible. However, it is impossible for me to assess your chances. Consult an attorney.
Answered on Aug 26th, 2012 at 12:41 PM
Based on particular circumstances it is possible. However, with a 0.09 BAC I'd say it's unlikely.
Answered on Aug 26th, 2012 at 12:41 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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I have seen DUIs reduced to wet and dry reckless driving charges.
Each case is different and depends on the circumstances of each individual case.
I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest.
Answered on Aug 26th, 2012 at 12:40 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No such thing as dry reckless. Wet reckless is only available in cases with under .08 and extenuating circumstances sufficient to make the prosecutor offer leniency.
You don'y have either of those, you were in a DUI accident, hopefully not charged as a felony.
Even if you did, you need to understand that Wet reckless is the same in record, penalties and consequences as a DUI.
It is a psychological ploy offered to get a plea bargain conviction in weak cases.
Answered on Aug 26th, 2012 at 12:39 PM
Criminal Law Attorney serving Long Beach, CA
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Peacock & Le Beau
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A low Blood Alcohol like yours definitely could be reduced to to a wet reckless.
However the accident will make getting the reduction more challenging.
It also matters how much time passed between the accident and the breath test.
Answered on Aug 26th, 2012 at 12:36 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible, but it depends more on the DA for plea bargaining, and if that does not work a jury.
Answered on Aug 20th, 2012 at 5:08 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes ita possible. Its more likely if you have a lawyer who knows DUI defense.
Answered on Aug 20th, 2012 at 5:08 PM
It is possible, even if your BAC is higher, because DUI is about much more than the BAC. But you're right, without a good DUI specialist you have close to ZERO chance of getting a DRY.
Answered on Aug 20th, 2012 at 5:08 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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Its possible depending on prosecutor and prior driving record, plus years you have been licensed driver.
Answered on Aug 20th, 2012 at 5:07 PM
Yes, a dry reckless plea bargain is possible on a .09%. I have had such deals in the past, however it greatly depends on circumstances of case and personal circumstances.
Answered on Aug 20th, 2012 at 5:07 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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Yes. It is possible. Get a good attorney.
Answered on Aug 20th, 2012 at 5:07 PM