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
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?
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.
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
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.
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.
Get free answers from experienced attorneys.
25,541 answers this week
2,680 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary