Can I get a dui of .12 reduced to wet and reckless in California? 9 Answers as of February 23, 2011

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.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Barring substantial weaknesses in the prosecution's case it is unlikely that you will be offered a wet reckless on a .12 blood alcohol. After all that result is 50% over the .08 level. Weaknesses might include a problematic detention or arrest, irregularities in the test results or the calibration/maintenance/test log records or something else that could cause the prosecution concern. Without such things only a very very benevolent prosecutor is likely to offer such a deal.
Answer Applies to: California
Replied: 2/23/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
It is possible. However, like all cases, it depends on the facts. Contact an attorney for a free consultation.
Answer Applies to: California
Replied: 12/9/2010
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
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.
Answer Applies to: California
Replied: 12/7/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
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.
Answer Applies to: California
Replied: 12/7/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
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.
Answer Applies to: California
Replied: 12/6/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Maybe, but unlikely. You have already lost your license because your alcohol level was .08 or above.
    Answer Applies to: California
    Replied: 12/6/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    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.
    Answer Applies to: California
    Replied: 12/6/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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.
    Answer Applies to: California
    Replied: 12/6/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    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.
    Answer Applies to: California
    Replied: 12/6/2010
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