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

Asked in Sunnyvale, CA - 4 months

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)

James E Dunn

James E Dunn

Redwood City DUI / DWI Attorney

Licensed in CA

Answered 4 months ago. 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.
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Michael Korry Bialys

Michael Korry Bialys

Newbury Park Criminal Defense Attorney

Licensed in CA

Answered 4 months ago. 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
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Frank Mascagni III

Frank Mascagni III

Louisville Criminal Defense Attorney

Answered 4 months ago. 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
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Troy Slaten

Troy Slaten

Camarillo DUI / DWI Attorney

Licensed in CA

Answered 4 months ago. 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.
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Carmine John Giardino

Carmine John Giardino

San Antonio General Practice Lawyer

Answered 4 months ago. 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

Fresno DUI / DWI Attorney

Licensed in CA

Answered 4 months ago. 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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