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

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.

Sunnyvale, CA -

Attorney Answers (6)

James E Dunn

James E Dunn

DUI / DWI Attorney - Redwood City, CA
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.

Frank Mascagni III

Frank Mascagni III

Criminal Defense Attorney - Louisville, KY
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.

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Michael Korry Bialys

Michael Korry Bialys

Criminal Defense Attorney - Newbury Park, CA
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

Troy Slaten

Troy Slaten

DUI / DWI Attorney - Beverly Hills, CA
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.

Carmine John Giardino

Carmine John Giardino

General Practice Lawyer - San Antonio, TX
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!

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Scott David Levy

Scott David Levy

DUI / DWI Attorney - Fresno, CA
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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