Going from wet and reckless to dui, still harsh punishment?

Asked over 1 year ago - Visalia, CA

I have a wet and reckless conviction, then got pulled over for a dui a year later. is my DUI going to be counted as a 2nd dui just as harsh as if my wet and reckless was a full blown DUI? wish I would have fought that wet and reckless saying I only blew a .04 but cant do anything about that now. second DUI was about a 1.1

Additional information

I went to court and the DA had not picked up charges. a mnoth later they still did not pick up charges and I moved out of state with my family following job opportunities. a few weeks after I left the DA picked up charges and now I don't know what to do about it. I missed court, couldnt afford to get back there in time. now I got my whole family moved 5 states away and don't know what to do. I don't want to have to quit my job and pick up and move back to deal with this if I can avoid it. I don't want to avoid dealing with it either.

Attorney answers (7)

  1. Wade J. Skalsky

    Pro

    Contributor Level 15

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    Best Answer
    chosen by asker

    Answered . They will treat this case as a second DUI as if your first case was a regular DUI. They may even aggravate it based on the concept you got a 'break' on the first one. I would consult an experienced DUI attorney immediately as you have strict time limits with regards to your license. Which court is your current case out of?

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  2. Mark A. Broughton

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    Contributor Level 16

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    Answered . Yes, your "wet reckless" will count as a prior conviction, making your new case a second DUI within 10 years.

  3. Cameron Herl Day

    Contributor Level 6

    9

    Lawyers agree

    Answered . Yes, a "wet" reckless conviction does count as a prior-able DUI in sentencing for subsequent DUIs. Basicallt the DA will treat this as a second offense. You may also be on probation, most likely court/informal probation, for the "wet" reckless offense and that also may affect your sentence. You should consult an experienced DUI attorney for you current case as there may be a defense depending on the facts of your case.

  4. Michael Jon Fremont

    Pro

    Contributor Level 17

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    Answered . Yes your second arrest will be treated as a 2nd DUI and the punishment may
    be harsh not necessarily because of the wet reckless but because you're
    still on probation for that prior wet reckless. Point O four did you have
    an attorney for the first case. Also a point 11 maybe a defensible case you
    should speak with a qualified attorney in your area

  5. Sharon Paris Babakhan

    Contributor Level 15

    8

    Lawyers agree

    Answered . Why your attorney on your first DUI agreed to a wet? Why? Yes, a wet reckless counts as a DUI. The only difference is the punishment and DMV license suspension (which does not happen with a wet). You can hire a lawyer who can do some of the court hearings without you being present until the judge orders you in court. You are looking at 4 days of county jail as well which is mandatory for second time DUI. Your lawyer may also be able to fight against the charges if the delay by the DA is too long. Contact an attorney. DUIs are serious and requires a professional handling it.

  6. Matthew Murillo

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . Yes. When you plead to the wet, you should have been advised that it is considered a prior DUI. So now, it is a 2d in court and will be treated as harshly as any other 2d DUI with similar circumstances.

    Get a DMV hearing - you have 10 days to do so.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  7. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . It is absolutely imperative that you retain a locally experienced DUI attorney ASAP. The wet reckless will be used as a prior, and you are probably still on probation for it. At this point, if you've missed a court appearance, you almost certainly have a warrant out for your arrest. The sooner you deal with this, the better chance you will have of being able to minimize whatever consequences you may be facing. Good luck.

    Jasen Nielsen

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