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First time DUI. I haven't been convicted yet, but what should I be doing to help my chances of getting the best outcome?

Anderson, CA |

So, I was arrested for having a breath test of .091. I understand that I was over the legal limit. My court date is two months away. I am a 4.0 student, single and have not had ANY other trouble with the law. Should I be attending DUI classes now, apply for a restricted license, etc as a way to show the courts that I am a decent citizen that did something stupid? What should I be doing to lessen the penalties? Is there a way to get a wet and reckless?

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Attorney answers 6


Find a good lawyer to help you. Look to the California DUI Lawyers Association for help. You may or may not have been over the legal limit at the time of driving and you may or may not have been impaired. Get help!

Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.


You need to hire a competent criminal defense lawyer that has experience in defending DUI charges. I don't practice in CA, but we have several criminal defense attorneys that may resend to your post. Get counsel to advice and direct you on the best avenue to take.

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..


There is a bit more complexity to defending a DUI than merely accepting at face value the reading of the breath test. Depending upon a number of factors, you may not have been impaired at the time that you were driving. Consult with an attorney who is knowledgeable in the specific area of defending these types of cases.


Enrolling in the DUI program now will do nothing but make you spend money, potentially unnecessarily. Your best bet is hiring a lawyer. Even though court is two months away, you should be looking for a lawyer now in order to defend the DMV action against your license. You only have 10 days from arrest date to request a hearing, otherwise your license will be suspended regardless of what happens i court.

The judge cant reduce the charge to a "wet" alone. You will need legal and evidential support to convince the DA to agree to it.

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


Your best bet is to consult with a DUI defense attorney. A .091 is clearly above the legal limit, but there are several avenues to defeat a DUI. If your goal is to "lessen the penalties" then consult with an attorney and give him/her all the facts surrounding your case. Only then can that attorney give you an honest assessment of the situation to potentially get you the "wet reckless."

The information above is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information.


As my colleagues have said hiring a good lawyer can help. They can scrutinize the case even before you walk into court through the DMV hearing process and start gathering facts and evidence that may help you get this lowered or under the right circumstances even dismissed. I often use the DMV hearing process to test certain issues in the case.

Additionally it is too early in the process to just apply for a restricted license or even go to classes. let you lawyer direct you through this process.

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