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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?

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

Posted

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.

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Asker

Posted

Ok thanks. Will there be a benefit to this?

Peter Francis Iocona

Peter Francis Iocona

Posted

A benefit to hiring an attorney? Yes. An experienced DUI attorney is often in a far better position to negotiate a reduction than a defendant who appears on his or her own. I hope this helps clarify the issue.

Posted

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.

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Asker

Posted

I have hired attorney

Posted

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

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Greg Hagopian

Greg Hagopian

Posted

Experience, what they think if your lawyer, and what they think of the facts. A .08 is not very strong, considering that every test has a rate of error, but passing our and hitting the curb isn't great for you either.

Asker

Posted

I hired a lawyer based On a friends recommendation so I assume he will know what he is doing. Thanks for the comments

Posted

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 requires a personal connection and far more facts. This attorney does not give legal advice over the Internet. This is a general statement about law, not advice.

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Posted

I have hired a lawyer as I am aware of the 10 days for DMV hearing. With a 0.08,do,I have any chance at all to win the hearing

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

You have a chance to win both hearings, although often the DMV hearing is decided against the driver. It is then taken to court along with the DUI charge where you can win.

Posted

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.

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Asker

Posted

This was in the city of San Diego. How likely will it be to win the DMV hearing

Eric Paul Ganci

Eric Paul Ganci

Posted

Depends on several factors, such as how the report was written (sometimes really minor technical errors/omissions win), what was the 3rd digit of your breath samples, and the calibration of the machine (if it was reading high, maybe technically you're under a .08). Also depends if there is video, and what your drinking pattern is. Maybe claim a rising defense, saying your BAC rose to a .08 after driving, and so at the time of driving, you were under a .08. Lots of science, and many things to look into as you can see.

Posted

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.

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Asker

Posted

From what they said I was .08 breath test

Posted

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

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Posted

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

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