I left a club and after a mile I was pulled over for a broken headlight. I was not driving wreckless at all. But I given a sobriety test which I had no problems with but blew a 0.086. I was arrested (was not read my Miranda rights) and was given another breath test at the station. This time I blew a 0.074. I don't have any prior drinking or criminal records.
You have no prayer. Don't even think about it. First, its called a Wet Reckless. No Prosecutor would give a self representing individual a reduced plea on a DUI because it requires specialized knowledge and training to try a DUI case. A lawyer's ability to beat a DUI charge at trial is what we have to negotiate with in getting that Wet Reckless. We know how to beat them in front of a jury. Do you? That's rhetorical.
If you qualify, get a PD and tell them you will not accept anything less than a wet reckless or you require them to go to trial.
If you are a .07 (btw) they can't charge you on one of the DUI counts. You may not even have a case filed at all.
Personal Injury Lawyer
You can plea to a wet, but you should still have an attorney to consult with. If the DA is offering you a wet out of the gate, your attorney may be able to bring it down a dry, an infraction, or get your charge dropped altogether.
Please reflect on what you are saying: you wish to plead guilty to a quasi-criminal traffic offense without an attorney. It is not a novel idea, yet, never a well-thought urge to plead to anything in court without first discussing your options with a licensed professional who will advise you of all possible outcomes reasonable. I recommend talking to an attorney prior to your plea.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to oneâ€™s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com
Criminal Defense Attorney
You can, but 1) do you know how; and 2) on those facts, WHY?!!! You have great facts (according to you here) that may actually lead to a dismissal!! Don't plead to anything without talking with an attorney first. Hire one or request the public defender at your arraigment. Good luck.
Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.
DUI / DWI Attorney
A wet is basically the same result as a DUI. If what you say is true you have a really good case & should take it to trial. Consult an experienced DUI attorney to confirm your case is good.
Personal Injury Lawyer
You can try, but more likely than not it will not be well received by the D.A. First, understand, the field sobriety test is set up to fail. The police officer just needs to find the slightest deviation from what you were asked to do (i.e. estimate 30 seconds at an actual of 35 seconds), and the nystagmus test is almost impossible to pass. Second, your first breath test was above the legal limit. This means (in the D.A.'s view) that at the time of your stop you were driving over the legal limit.
This together will give the D.A. enough ammunition to feel comfortable to prosecute you for the full charge. He might do you a "favor" of dismissing one of the counts (you will be charged with two counts, one for driving under the influence and the other for driving with a blood alcohol level above .08).
Ultimately, if you ask the D.A. he might offer the wet, but you really need to contact an attorney. An attorney can go over the discovery and reports from the police, identify any issues with the arrest and the test you were given. Using that information an attorney will be able to negotiate a wet reckless if that is what the evidence supports. Or better yet, if the evidence supports a fight, the attorney will identify this and will help you get a better deal, or fight through a trial for you.
From your question it appears as if you want to get this over with and move on. I understand and respect that. But, a DUI is a serious matter that will affect your driving privilege, insurance, and follow you for ten years. You really should talk to an attorney. Further, a wet reckless is considered the same as a DUI by the courts and the DMV. An attorney will be able to help you.
Finally. If your arrest was less than ten days ago, you need to contact DMV and request a hearing. Most private attorneys will also help you with this. The DMV has a different standard than the courts for treating a DUI charge. Even with a wet reckless you can still lose your license. Again call an attorney. Most will offer a free consultation, and will answer any questions you have.
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
You might get a wet without a lawyer. BUT WHY? This should be the highest offer made. You should shoot for s dismissal. How about a not guilty at trial? What about a DRY reckless? How about a traffic ticket like speeding? If you want to go and fall on the sword for a wet - go ahead. But the guy with a lawyer is going to get a better deal. Was your license suspended? If so an attorney could work a deal to get your license back.
You need to get your head on straight. You have no clue what your getting into nor do you understand the cards you hold. Go to court and plead guilty from the gate to a wet is like folding the best hand in poker and feel good about folding.
If you can't afford an attorney at least ask for the public defender.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
DUI / DWI Attorney
You should at least speak with a public defender. First, they can best negotiate a wet reckless plea deal for you if you do not want to hire an attorney. Second, they may find other issues with the case.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.