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I got a DUI and Blew a .15, can i get it reduced to a reckless driving charge?

San Jose, CA |

I was driving home from a party I parked near an intersection, because i thought i was not driving well. the cop stoped me and i was given a couple of test. i was then given a breathalizer test and scored .15. I was then arrested and was taken to the drunk tank. I still havent gotten the police report so i dont know my blood level yet. this is my first DUI and i dont want it to be in my record. can i get it to a reckless driving?

Attorney Answers 5


  1. With a .15, it will be a challenge to get it reduced to a wet/reckless. Depending on the exact details surrounding the stop, you may have some basis to fight the case, or try to get a reduced charge.

    When someone is stopped for a DUI, but the officer didn't actually see that person driving, the possible defenses are highly fact specific. Based on the little information you provided, if you were the only person in or around the car and the car was running, the officer may be able to establish that you were the driver of the car through circumstantial evidence. However, to give a full evaluation of the possible defenses, more information would be necessary.

    While the preliminary alcohol screening results aren't generally admitted in court, if your BAC was a .15, the Prosecutor will be very reluctant to offer a plea to a reckless driving. Furthermore, even if you are able to get a plea to a wet/reckless, that will still go on your record.


  2. Given the BAC it is not likely that you will get a wet reckless. However if there are issues with the stop or the arrest there is always a possibility. The only way you will be able to get a reduction is via an attorney. If you have not already done so consult with a local DUI attorney.
    Robert Driessen


  3. It's possible. How long were you stopped for before the cop approached your car? Did the officer witness any driving? The results of your blood test are more important than the breath test you did on the field. And depending on the situation, even those may be able to be challenged. You should contact a DUI attorney in your area to discuss your matter in further detail.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.


  4. not likely since bac is so high unless their is some problem with the case.


  5. contact me to discuss this matter. 415-441-1052

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