Can I have my DUI charge dropped or reduced? 17 Answers as of January 24, 2011

I was pulled over almost immediately after leaving the bar for expired tags. The officers had me follow his flashlight with my eyes, informed me I was not succeeding at it and asked me to step out of my vehicle. He then had me submit to 3 field sobriety tests, though I can not say with certainty I believe I did a good job with them. I was then asked to blow into a PAS and foolishly submitted and blew a .08. During this whole process I was polite and respectful to officers and they allowed me to leave my car parked instead of towing it. I was then taken to the station where I took a chemical test and blew a .07. At this point the officer told me he thought it was likely that the charge would be dropped or reduced. I have been charged only with 23152(a). I have no priors.

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Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
The trouble with a BA going down is that you were drunk when they stopped you and with time it has dropped. But the reality is, with a lawyer or Public Defender you should be able to talk the DA into a wet reckless which is much cheaper than a DUI and the DUI school is much shorter.
Answer Applies to: California
Replied: 1/24/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
You should be a able to get your case reduced to a "wet and reckless" and beat the DMV on the given facts. This means that you can save your license and record from a DUI. You need to hire a DUI Attorney. The amount of money spent on a good DUI Attorney will be worth it especially when the average DUI ends up costing around $10,000.00.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 1/24/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Can the case end up being dropped or charges reduced? Of course. Is that likely? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them because you 'want' them to. That's not how the system works, obviously. IF there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to 'beat' the charges by keeping the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts. If serious about doing so, feel free to contact me.

FYI: had you refused the breath test, you automatically lose your license for a year, in addition to whatever the DMV normally does, or whatever the court does.
Answer Applies to: California
Replied: 1/24/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
It is possible. I have been very successful in having cases similar to yours reduced or dropped. What Court is your hearing in? Call me if you would like to discuss in further detail. There will be no charge for that consultation.
Answer Applies to: California
Replied: 1/24/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
You can never guarantee a result however, according to your story you will have some available defenses if the DA decides to charge you with a DUI. If they do, you should contact an attorney immediately to assist you in negotiations with the DA to reduce or drop the charge.
Answer Applies to: California
Replied: 1/24/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    You have a great case. Hire an attorney to threaten to go to trial unless all criminal charges are dismissed.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    Yes , you can. What court is your case in? When is your next court date? Give us a call.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely. Consider hiring a DUI specialist. You are lucky to be right at the borderline, and this makes the attorney's job a lot easier. Remember there may also be a separate DMV proceeding against you, so it is important to hire someone who will represent you both in court and with the DMV.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    There is a good chance we could get the charge reduced or dismissed. The D.A. normally will be willing to negotiate in cases of low blood alcohol. But you also need to worry about your license. I presume the police took it and gave you a pink slip of paper that serves as a temporary license, You need to request a DMV hearing within 10 days of your arrest or you lose your privilege for 4 months.

    We handle many of those cases. To get more info or to retain our firm call: Tom Mueller.
    Answer Applies to: California
    Replied: 1/24/2011
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    Yes, it is possible to have a DUI charge reduced to a lesser offense. In a DUI case with a blood alcohol level that is low, meaning close to the .08% limit in CA, you may want to seek counsel. It may be possible based upon the facts and circumstances surrounding your stop to have the charge reduced to a wet reckless charge, this carries with it less substantial consequences than a DUI conviction.

    Please feel free to contact my office so that we can discuss this option at a free consultation.
    Answer Applies to: California
    Replied: 1/24/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Any DUI charge can be dropped or reduced following review of the evidence and negotiation with the DA's office. It sounds like what the police officer was suggesting is what is referred to as a wet reckless. Often a wet reckless is offered in a DUI case where the proof of intoxication is at issue. Hire an attorney to take your case and negotiate for you. Your attorney will greatly increase the chance of this offer being accepted.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of Gregory W. Fox
    Law Office of Gregory W. Fox | Gregory W. Fox
    Yes, it is possible that charges will not be filed or if charges are filed, that they may be reduced. You should consider contacting an attorney who may be able to further assist you.
    Answer Applies to: California
    Replied: 1/24/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    The only way you will get your charged dropped or reduced is through the assistance of an attorney. Make sure you contact the DMV within 10 days of the arrest to schedule a DMV hearing. There are some good things on your side to get a reduction in the charges.
    Answer Applies to: California
    Replied: 1/24/2011
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