Fight a DUI .10 alc level

Asked about 1 year ago - San Pedro, CA

I blew a .10 I am visiting from Bali and was driving my family's car I don't have one here. I'm supposed to leave back to Bali in January before my court date...is it possible to get just reckless driving. I'm a sub teacher when I'm in ca and teach English in Bali

Attorney answers (13)

  1. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . Depending on the court, the prosecutor, and the specific facts of your case, it may be possible. However, it may take several court dates to get it. My suggestion is to contact a few DUI attorneys for a free consultation to discuss further. Moreover, if you retain an attorney you won't need to appear if it's a misdemeanor DUI which this one appears to be. I wish you the best.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  2. Daniel R Perlman

    Contributor Level 13

    17

    Lawyers agree

    Answered . It is not uncommon for a good dui attorney to get the prosecutor to agree to a reduction on a .10... But a good dui attorney will start from the position of "can this be dismissed?" Before moving on to a major reduction like a exhibition of speed which in some LA County locations is relatively likely on a .10, whereas in others, a wet reckless (the last hope for a reduced resolution), can be very difficult to obtain. I would agree with my colleagues however, it is very fact and location sensitive and you have almoat zero chance of doing anything on your own even if you are remaining in town for your court date other than to plead guilty to a DUI. You must find a lawyer whom you feel will work hard to help you.

  3. Wade J. Skalsky

    Contributor Level 15

    16

    Lawyers agree

    Answered . It is possible to get a reduction at that BAC level but a lot of things come into play. Was there an accident or what was the reason you were pulled over? Also, which court your case is out of? This also will impact how it is handled.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon... more
  4. Peter John Marek

    Contributor Level 19

    15

    Lawyers agree

    Answered . Hire a local criminal defense attorney from the many avvo contributors here. Schedule free consultations. Pick the one you like. trust and can afford and let them proceed. It is always possible to get a case reduced to a lesser charge but only god can promise you that result. Each case is fact specific. Good luck. Hope this helps.

  5. Sharon Paris Babakhan

    Contributor Level 15

    15

    Lawyers agree

    Answered . The short answer is yes it is possible to get a reduction but it depends on the city you were arrested and the facts of the case. You definitely need to hire an attorney otherwise if you leave and miss a court date, a bench warrant for your arrest will be issued.

    Most of us on AVVO offer free consultation so feel free to call and discuss your case.

  6. Troy Slaten

    Pro

    Contributor Level 14

    15

    Lawyers agree

    Answered . The best thing you could do is to hire the best DUI attorney that you can.

    Most of us here on AVVO, including me, will give you a free consultation.

    As others have stated, the specific facts of your case and where it is heard (meaning which court it is in) will be important factors with regard to how the case is decided.

    Do NOT wait, there are some important deadlines that are fast approaching!!

    Troy Slaten, Esq. DUI Trial Lawyer 310-824-8896
  7. Dean George Tsourakis

    Pro

    Contributor Level 20

    16

    Lawyers agree

    Answered . Hire a good local lawyer and see if he can get it reduced.

  8. Michael Jon Fremont

    Pro

    Contributor Level 17

    14

    Lawyers agree

    Answered . If you heard the tourney he or she can make the appearances . Of your
    charges possible but a lot of factors do need to be considered

  9. Dan Eugene Chambers

    Contributor Level 20

    14

    Lawyers agree

    Answered . It is certainly possible, but as my colleagues have said, it is dependent on a lot of factors. Contact some attorneys here on Avvo. Many of us offer free consultations. You can leave in January provided you have counsel lined up to help you on the case.

  10. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . An attorney can appear for you and hopefully get the matter reduced. I see from your comments that this is out of Torrance Court. Because it is a DUI it potentially comes with many requirements for sentencing. Get an attorney NOW and discuss possible solutions.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  11. Yaniv Kenan

    Contributor Level 11

    7

    Lawyers agree

    Answered . It is certainly possible, but the likelihood is questionable. In a typical DUI case, the prosecution will charge both a 23152(a) and (b) because in most cases the driver was driving under the influence and with a blood alcohol level of 0.08 or above. The prosecution will then offer a deal to plead to one of the two counts.

    Generally speaking, prosecutors will offer lower charges, such as reckless driving or wet and reckless where they are concerned about the strength of their case. While your blood alcohol level of 0.10 is very borderline, there would have to be other mitigating circumstances or problematic aspects of the case for the prosecution to offer a reckless driving. Therefore, you'd need to hire a skilled criminal defense attorney to identify and exploit these weaknesses in your favor.

    With regards to your second question, you can hire an attorney to appear on your behalf. See Penal Code section 977. You'd have to come for a few critical hearings, but won't have to come for continuances. Many criminal defense attorneys obtain favorable results by kicking cases over endlessly, which frustrates prosecutors. Prosecutors can't really afford to have the same cases for several years because their office has limited personnel and new cases are flowing in constantly. Anyway, it might be wise to hire a criminal defense attorney so that you don't have to make all these court appearances.

    The response above is not intended as legal advice. This response is for educational purposes only. I have not... more
  12. Jason Malone Ferguson

    Contributor Level 9

    7

    Lawyers agree

    Answered . Get an attorney that specializes in DUI's. I am finding more and more that this is an area where few criminal defense attorneys, including myself, know all of the ins and outs. I have started referring these out and I use to be a federal prosecutor. I'm a believer in seeking legal specialists for all areas of law but especially DUI.

  13. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . I understand how you would want a reduction, but, why not try for a full dismissal? There are a NUMBER of things that need to be done in order for the prosecution to prove your case, you need to make sure they were all done. Examples are make sure the officer was certified to administer the test, he did it correctly per tittle 17.

    Elliot Zarabi
    www.FreeCriminalConsultation.com
    www.TipsyLaw.com
    213-784-2524

    Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I... more

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