Can i get my dui charge reduced to a reckless driving charge?

Asked almost 2 years ago - Sunnyvale, CA

I blew a .16 on the original breathalyzer and then had to submit to a blood charge. I was also on cough medicine and a decongestant, but the cops didn't write this down. i am also a new jersey resident, but was pulled over in California.

Attorney answers (6)

  1. James E Dunn

    Pro

    Contributor Level 11

    22

    Lawyers agree

    Answered . Yes, you can get a high blood alcohol case reduced to a wet reckless. But you have to challenge the evidence, and you need to find the defects in the prosecution case. Whether there are flaws in the evidence, or defects in the prosecution case, it's impossible to tell until you get the discovery and have an aggressive skillful attorney review the evidence and put together a defense. And, as with most things, you'll need some luck. A whole lot of luck. But you should start with the best DUI lawyer you can find.

  2. Frank Mascagni III

    Contributor Level 20

    17

    Lawyers agree

    Answered . You need a good criminal defense attorney to review you case and the case file. .16% is a high reading (if .08% is the legal presumption in CA). That breath test has to be compared with the blood toxicology. Your meds may contain alcohol as well. Get counsel.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  3. Michael Korry Bialys

    Contributor Level 13

    15

    Lawyers agree

    Answered . there is always a chance of getting it reduced a specially if you were sick in on some kind of meds.I would strongly suggest consulting with an attorney to get more details to see what can be done

  4. Troy Slaten

    Pro

    Contributor Level 14

    13

    Lawyers agree

    Answered . The short answer is Yes, it is possible. However, there are so many variables and possibilities. You owe it to yourself to get the very best counsel you can afford. Just because a machine spits out a number like .16/.16 does not mean you are doomed. There are many ways to attack the prosecution's case, but only a qualified and experienced DUI attorney will have the best chance of exploiting every possible defect to your benefit.

  5. Carmine John Giardino

    Contributor Level 14

    13

    Lawyers agree

    Answered . If you don't already have a lawyer, hire one to help you. The law is complex and there may be things that can be done that you didn't know about. Good luck!

    If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and... more
  6. Scott David Levy

    Contributor Level 11

    6

    Lawyers agree

    Answered . It is possible, the best thing to do is consult with a DUI attorney. Sometimes it's possible to poke enough holes in their case such that they will offer you a wet or dry reckless.

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