I was arrested for a dui after hitting a curb last week. My BAC was .08. What are the chances of getting reduced to reckless?

Asked almost 2 years ago - San Diego, CA

I was really tired and fell,asleep at the wheel due to being up all day. I have no prior record. Do I have any chance of getting this reduced to wet reckless? No one was injured no property damage besides my vehicle

Attorney answers (8)

  1. Eric Paul Ganci

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    Answered . Prosecutors in San Diego are greatly driven by the BAC numbers. Many prosecutor offices have thresholds of when the usually offer a wet from a DUI arrest (usually being the operative word), and it depends on what county in San Diego--each handle DUIs just a little differently. The next question is whether a wet would even be a good deal, depending on what happens on the DMV side. DUIs are won and lost on science, and there is much more to dive into about what tests, how they were administered, your alcohol absorption rates, and how the Prosecutor would approach your case, either before or at trial.

    Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
  2. Tai Christopher Bogan

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    Answered . Hire an attorney to improve you chances at getting the best deal possible, getting the case dismissed or a win at trial.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  3. Greg Hagopian

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    Answered . The decision to reduce a DUI to a set reckless is made by the prosecutor. They make scdeteination in each case based in their ex

  4. Bradley R Corbett

    Contributor Level 11

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    Answered . Yes you have a great chance. Are you sure you were a .08 bac and thats not just the box they checked on the pink sheet?

    Was it a blood or breath test?
    Feel free to give me a call for a free consultation.

  5. Andrew Michael Limberg

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    Answered . A DUI can be based on either a .08% or greater BAC, or by the officer's observations. The decision to reduce is normally based off the measurement made at the station by blood, breath, or urine, not the PAS device initially used at the scene by officers. You should obtain a free consultation with a defense attorney as soon as possible to see what can be done to ensure the best possible result with both the court and DMV.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
  6. David Philip Shapiro

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    Answered . Wet Recklesses are not as great of a deal as many believe. Depending on the facts, you may have more to gain by taking the case to trial, even in the face of a wet reckless offer which usually comes with a .08 BAC. Contact several locally experienced criminal defense attorneys and hire the best one you can afford.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  7. Peter Francis Iocona

    Contributor Level 11
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    chosen by asker

    Answered . Yes, there is a chance. You may want to retain an experienced DUI lawyer to improve your chances to obtain a reduction as the accident may be an obstacle.

  8. Charles K. Kenyon Jr.

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    Contributor Level 19

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    Answered . You need a DUI/DWI attorney on this as soon as possible. You can lose your license even if you are not convicted.

    No one can tell you what will happen without a lot more information.

    Confidential information should not be disclosed in this Internet forum. This answer is not legal advice, which... more

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