What do I need to do to get my DUI reduced to a dry reckless? 10 Answers as of September 13, 2011

With a blood alcohol result over two times the legal limit it is doubtful you will be offered such a reduced charge. Sometimes if there are other problems of proof a good criminal defense lawyer might be able to negotiate it but it is still a longshot. Without a lawyer you have no such chance.

In Fresno County California I can tell you that it would take a miracle. Your BAC was too high, you actually qualify for an enhancement for being above .15 BAC. If there is a suppression issue in your case the D.A. may consider a plea bargain however it will have to be a strong argument.

Unless there was no probable cause to stop you or the cop drops dead, you are stuck with a DUI. It can be expunged in three years. Most times your employer will not find out about it. Just don't apply for a different job. You would need to disclose this conviction.

A .19 BAC level is very high for the purposes of driving. In fact, you are likely not to receive a dry reckless with a .19 BAC unless there were some constitutional violations involved. For instance, if you were pulled over for no reason and your attorney can illicit this testimony from an officer, the charges against you may be dropped. However, a DA is not likely to want to give you a break with a .19.

I would certainly recommend that you hire a qualified and experienced DUI attorney to increase your chances of that result. Although a 0.19 is a high BAC, the breath machines can be faulty, not be calibrated or maintained correctly, etc. Also, if you were not read your Miranda rights, , any statements that you made after your arrest can be suppressed so they can't be used against you in Court. Make sure the attorney you hire will do the work to increase your chances of a favorable result.

With a BA of .19, you probably need a miracle to get a dry reckless. If you were at a BA of .08-.09 there might be a chance, but with such a high BA (more than twice the legal limit). It's not very likely.

The first thing you have to do is hire a DUI specialist. A lot of winning issues in DUI cases actually don't involve the BAC itself, so you really need someone who knows what he is doing to represent you. You also need to make sure you get started before the 10 day rule kicks in and you lose your license by default. An attorney cannot guarantee a good result, but without one you are a sitting duck for the prosecutor and the DMV.

First, as to the Miranda rights. The cops do not have to read those rights to you unless you are being questioned while in custody. The courts have repeatedly ruled that a person is not in custody when they are seated in their car or standing on the side of the road. If the breathalyzer reading is correct, your chances of getting the charges reduced are very slim. Your attorney needs to look at the case very carefully to see if there are any problems the prosecutor might have, like being stopped without probable cause, a faulty breathalyzer, etc.

As a criminal defendant, it is very difficult to negotiate with the district attorney directly. Frankly, you need to get an attorney. No matter what county you are in, a "dry reckless," as opposed to a "wet reckless," will be a difficult result to obtain but some counties will be even tougher than others. Frankly, without an attorney to help you, it would be a miraculous result, no matter what court you are in. Don't assume you can't afford an attorney. You should at least call a few attorneys to go through a free consultation process and see if you can figure out a way to make it work.

The Miranda issue likely won't factor in at all. The Miranda warnings are only required if you're arrested (not just stopped on the side of the road during your DUI stop and investigation) and are being questioned. Most DUIs only involve that detention, so Miranda isn't required. Unfortunately, at a 0.19%, you're more than double the legal limit. The odds of a reduction to a wet reckless let alone a dry reckless are slim unless there are substantial issues with the prosecution's case. What issues there may be are impossible to tell without actually reviewing the paperwork and police reports. One thing - keep in mind that you only have 10 days from the date of your arrest to request a hearing with the DMV in order to fight against the automatic suspension of your driver's license for 4 months. Look for a local criminal defense attorney that routinely practices in the court where your case will be heard.