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Prior 5 years ago

Beverly Hills, CA |

Prior 5 years old not on probation .06 bac DMV allredy granted stay of suspension now I got court case left if I'm offerd a wet or dry wreckless and I accept will dat trigger a suspension from DMV or court cause of prior?????? My prior dui had a high bac above .08 so I pleaded guilty and. Got all the usual punishment that comes with a dui. This ones only A .06

Attorney Answers 5


  1. If I were handling your case and in fact you were a .06 I really wouldn't take anything less than a dry. If you got a dry it would not trigger any suspension and unlike a wet, it's not priorable. You should call for a free consultation and strongly consider hiring counsel.


  2. If the BAC is under .08 then there is no Administrative Per Se suspension action, unless you are under 21. This may be beatable all together. Many reputable DUI attorneys offer a free consultation. I highly recommend that you meet with at least one soon while the facts are still fresh in your mind.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  3. With a 0.06 and wet or dry plea you will not have a license suspension. However both carry 2 points on your license. Also a wet is priorable just like a dui for 10 years so you would set yourself up for a 3rd if in 5 years or another second between 5 and 10 years. With a 06 you should consult an experienced DUI attorney in your area for advise. This may be a very defensible case. Need more information to determine that. You should not make any choices or decisions without consuting an attorney.


  4. .06 is a great piece of information however in order to give you an opinion I would have to know much more. When is your court date from your citation? A dry reckless is not priorable as has been answered and I recommend that you speak to an attorney who is familiar with the charging practices of the Los Angeles City Attorney's Office. You can contact me through my website at:
    www.losangelesdefenders.com


  5. Most low BAs are very fightable. There are administrative things now if you get a wet with a prior. You need to fight this thing, and with someone who knows a lot about DUIs - many supposed criminal lawyers know nothing about the ins and outs of DUI law, and they will accordingly con you into taking a wet or a dry - don't fall for either suggestion until you consult someone who knows this stuff and deals with your particular facts. A .06 where you run over the cop's foot right before you throw up on it could be a problem dor you; a .11 where you drive perfectly and show no signs of mental impairment would not be a problem..

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