I got pulled over a couple nights ago, passed the field sobriety test, blew a .09, and got taken in. I'm in school and very concerned about the repercussions. I have no charges against me before this, cooperated with the police and they suggested I go for a wet reckless but I heard that was really close to a dui. Do I have any chance at getting my case reduced to a reckless or dismissed all together?
Getting a wet reckless depends on a lot of factors, one of which is the court you are in. A dry reckless is a possibility when you have a lot of mitigating factors, including the officer making crucial mistakes. I wouldn't count on a dismissal.
I can't really give you any more assurance until I see the police report and ultimately talk to the DA. As such, get an attorney immediately and make sure not to miss the DMV deadline for requesting a hearing.
Your lack of record alone won't get this reduced. You (through your attorney) are going to have to show issues with the case. There may be factual defenses (rising blood alcohol, insufficient proof of impairment, etc), legal defenses (illegal stop, improper procedures, unlawful arrest, etc) or other issues that lead to a reduction or dismissal. Your blood alcohol level, at a 0.09% is a good thing.
The rest of the details will have to be fleshed out face to face.
Don't miss the 10 day window to contact the DMV to schedule a hearing to challenge the suspension of your license.
As stated by previous attorneys, there are defenses to a .09. If the driving and FST's do not show that you were impaired beyond a reasonable doubt, then the main issue will probably be your Blood Alcohol Level at the time of driving. Was your level rising at the time of driving? Was it rising at the time of the chemical test? Was there a problem with the testing? Was there machine or operator error? Is there a medical defense like GERD? These questions and more need to be addressed by an experienced DUI lawyer. Most DA's offices are not willing to negotiate a .09 DUI case to a non alcohol reckless driving, unless they see major problems getting a conviction. Negotiating a wet reckless most likely can be done, but is that something you can live with on your criminal record for the rest of your life? A wet reckless counts as a prior DUI for the next 10 years. You are in school and most likely will go through a number of job interviews in your career. Most employers check criminal records.
What you most likely will need to decided in order to have a chance at a result that won't hurt your future is if you should go to a jury trial. A very good DUI lawyer has a chance to win a .09 at trial, and once they fully evaluate your case, you will have a better idea on what your chances are. There are a number of great DUI lawyers in your area and most should give a free consultation. Contact them ASAP to go over your court and DMV cases.
First, there really is no way to pass an FST. Officers, whether they be CHP or local police officers are trained to find "clues." A trained DUI attorney will be able to look at the police report to determine what clues were displayed.
You do have a shot at getting it reduced, but it all depends on several factors such as: your manner of driving, the reason for the stop, and when the BAC was taken.
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