QUESTION

Can I get a dui of .12 reduced to wet and reckless in California?

Asked on Dec 06th, 2010 on Criminal Law - California
More details to this question:
I really cannot afford to lose my license. I work full time and am going to be starting school in January. I only drove to save my friend who was wasted from getting behind the wheel. This is my first offense and I have a perfect record.
Report Abuse

8 ANSWERS

It is possible. However, like all cases, it depends on the facts. Contact an attorney for a free consultation.
Answered on Dec 09th, 2010 at 8:58 AM

Report Abuse
Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
Update Your Profile
Unfortunately, you face an uphill battle. You are pretty far over 0.08% to get VC 23103.5. A 'wet reckless' still counts as a DUI prior, if you ever get another one. The fine is about $400 dollars less than a DUI, and the class, should you not have to take AB-541 (16 weeks) as part of a stipulated Judgment, is only 12 weeks long (some say 6 weeks, but I do not think so). A 'wet reckless' conviction does not trigger a license suspension, but if you lost your DMV Hearing and your blood alcohol was over 0.08%, as yours was, the DMV can (and probably will) still suspend your license. Also, your insurance company may consider the wet reckless essentially the same as a DUI in terms of a rate increase. You have a better chance of getting a reduction to a wet reckless if there is some weakness in the District Attorney's case and they perceive some risk of losing at trial.
Answered on Dec 07th, 2010 at 10:43 AM

Report Abuse
Probably not as it is rare they reduce a .10 let alone a .12 But it is up to the DA and if you have a compelling enough story (and this is best done through an attorney and not by yourself) you have a TINY shot at it. I would not bet the farm on it happening.
Answered on Dec 07th, 2010 at 12:58 AM

Report Abuse
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
4 Awards
It is possible depending on the circumstances. Call me to discuss your case in more detail so I can give you a more accurate answer. Consultation is free.
Answered on Dec 06th, 2010 at 9:43 PM

Report Abuse
Geoffrey MacLaren Yaryan
Maybe, but unlikely. You have already lost your license because your alcohol level was .08 or above.
Answered on Dec 06th, 2010 at 7:28 PM

Report Abuse
It is possible. I recently got a client a Wet Reckless, even though she had a BAC of 0.25. Remember also that the DMV will prosecute you separately from court, and you need competent representation in court as well as DMV. Contact a DUI specialist for a free consultation.
Answered on Dec 06th, 2010 at 6:43 PM

Report Abuse
Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
Not without special and extenuating circumstances in the interests of justice. Your hardship is not one of those. Plus, the penalties are essentially the same. When arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
Answered on Dec 06th, 2010 at 4:28 PM

Report Abuse
Criminal Law Attorney serving Santa Ana, CA
1 Award
It is possible but difficult with that high a BAL depending on where you are located. Every prosecutor is different. it is easier say if you were a .08% or .09%, but .12% is a little high. The way that you may be successful is if there are "proof problems" for the. That forces the DA to offer something they normally wouldn't such as a "wet reckless" on a .12%. Contact an attorney who focuses on DUI cases as I do immediately.
Answered on Dec 06th, 2010 at 3:43 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters