Should I get an attorney? What are my chances of getting a wet reckless or getting the case dismissed?

Asked over 1 year ago - Santa Maria, CA

Should I get an attorney? What are my chances of getting a wet reckless or getting the case dismissed? I was pulled over because one of the headlights was out, not because of my driving. When they did a breathalyzer 15 - 20 min later I blew a .097 and when they asked me if I wanted a official breathalyzer or blood test I opted for the blood test. About 20-30 min later my blood was drawn, they took me back to the station to wait for my parents to come get me, no fingerprints or anything. What should I do?

Attorney answers (8)

  1. William Carlos Makler

    Pro

    Contributor Level 12

    13

    Lawyers agree

    Answered . You need a lawyer. It's that simple.

  2. Matthew Murillo

    Pro

    Contributor Level 19

    12

    Lawyers agree

    Answered . Are you over or under 21? If under, .09 doesnt make a difference for you because CA is zero tolerance, so your license would still be suspended with ANY alcohol.

    However, you may have other arguments for a dismissal. Getting a case dismissed has nothing to do with the result of the chemical test, it has everything to do with whether or not your rights were violated and whether police procedures were proper.

    Best thing to do would be to get in touch with a DUI attorney, discuss the details with them, and decide whether its appropriate to hire someone. With pretty much every DUI, the client is better served by hiring someone rather than trying to defend themselves. There is just to much complexity for the "regular joe" to understand everything and all defenses that may be available.

    Additionally, make sure to call DMV and request a DMV hearing within 10 days after arrest. That will help stay any potential suspension until you have had time to build a defense, and possibly win the DMV case to avoid APS suspension.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  3. Isileli Tupou Manaia Mataele

    Contributor Level 19

    11

    Lawyers agree

    Answered . Until the results come back it is hard to know the odds of you getting it. Get an attorney.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  4. Michael Rutledge Norton

    Contributor Level 16

    10

    Lawyers agree

    Answered . You should get an attorney. They will be able to evaluate your case to see what can be done to get the case dismissed or reduced charges. There are many possble ways to beat a DUI and an attorney will give you the best chance and finding a legal error or factual flaw.

  5. Philip Daniel Hache

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . I highly recommend that you get an attorney to defend you for the court case as well as the dmv. Are you over or under 21 years old? There are many variables to consider on DUI charges, but your chances of having consequences mitigated and charges reduced greatly increase with an experienced DUI attorney defending your case.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more
  6. Patrick Owen Earl

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . You need an attorney for your own sake. You need to understand the good and the bad about his matter and how to approach it. There may be nothing wrong with your case and the state will win HOWEVER there may be one or two problems with their case and that may make all the difference in the world, and how are you going to know the latter???? With an experienced criminal defense attroney. Not from the state/prosecutor. They are not there to HELP you.

  7. John J. Carney

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . The fact that you would even question whether you need an attorney for such a serious matter shows that you really need to learn more about such matters, make better decisions, and consider the consequences of your actions in the future. Retain a good DWI lawyer and ask him to explain why you should not talk to the poilce, consent to a search, or allow them to manipulate you. This cold hurt your chances of getting a decent job for the rest of your life so do not put the case in the hands of a public defender, hire the best criminal lawyer you can afford to try to get it reduced or win the trial, which is very difficult.

  8. Marc Steven Applbaum

    Contributor Level 7

    3

    Lawyers agree

    Answered . Get an attorney. You are certainly in the ballpark for a wet reckless, depending on the court that has jurisdiction. Assuming your .097 was a PAS, or preliminary alcohol screening test, this test is nothing more than a field sobriety test with an inherit range of uncertainty. Your blood is the truer result - and your blood can always be retested. A flat dismissal would occur only if there were significant flaws in the State's case, but if your blood comes back at anything less than a .10 then you will have a significant chance at fighting this and getting a better result than even a wet reckless with the right counsel. Good luck.

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