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.
DUI / DWI Attorney
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.
22 lawyers agree
Criminal Defense Attorney
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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
17 lawyers agree
General Practice Lawyer
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 best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!
Criminal Defense Attorney
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.