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Was convicted of DUI 3.5 years ago, charged with 2nd one..blew .03 BAC but "refused" blood draw.What is most likely BEST outcome

Los Angeles, CA |

I understand that judges and prosecutors are overloaded with cases and for most the legal outcome is standardized thus a lawyer wouldn't help.Ex: 1st DUI = Wet Reckless, unless there are many variables involved.I was pulled over by CHP for not having front plates attached (is a showcar), was not told Miranda Rights when he asked if I take any medication.I told him lexapro (anti-anxiety/depress.)Took breathalyzer at station and when the reading said .03, he casually took me to another room to meet DRE officer and insisted I give blood saying it was mandatory.Told him decision can't be made without public counsel.He said I refused.Is there a good enough chance charge is dropped to merit hiring lawyer ($$$) or does having prior = wet reckless at best, otherwise trial?Public Defender?

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Attorney answers 4


Jail time is a potential consequence of your conviction on a 2nd DUI. Whether or not factors exist that "merit" spending your financial resources on hiring a lawyer, depends solely on your own personal cost/benefit analysis. I can tell you that most clients come to my office with very little hope, and it is not until after a very thorough investigation of all the facts, investigation, report, and evidence that a you have a full understanding of the strengths of your case - if any.



Thank you for responding. I appreciate it. The attorney I had a consultation with basically said that chances are (that is until the police report comes out) they won't consider anything less than a wet reckless at BEST or we go to trial.If they agree to settle prior to the trial, I still have to pay for the service of preparing for trial, which I cannot afford. Of course I may not even get the offer of a wet reckless conviction if I represented myself/public defender. But in my research, it seems as if a wet reckless conviction is not that different from a DUI for employment. They aren't stupid and know that a wet reckless is a reduced sentence from a DUI. It's still a misdemeanor so I have to report it on job applications. I won't get the job either way. If my license if suspended for a year vs. only months, it is a benefit for employment but in some way doesn't matter because those jobs needing a driver's license won't hire someone with either charge. I know a lawyer CAN change to a better outcome. But for the most part, unless there are procedural defects by CHP, the refusal would at best result in Wet Reckless for about 5 grand for representation. Maybe I'm all wrong about this, but it seems like the courts and judges make default decisions often and it doesn't matter what anybody, even lawyer, say for certain situations.

Joshua Paul Shelton

Joshua Paul Shelton


I completely understand your frustration, and share in some of your views on the court. A full response would require more than I can type here, but if your interested in further discussion, please feel free to contact me directly at 562-682-1343. I would be happy to run through what we might be able to do to help, and likely at a cost well below your mentioned amount.

Robert Laurens Driessen

Robert Laurens Driessen


If you are looking at a second DUI within a ten year period do not think this time in court will be a walk in the park. Many counties require jail time starting at 90 days. Robert Driessen


You seem to be concentrating on the court proceedings... The DMV is ALSO in this process... a two year license suspension for your apparent refusal to perform a chemical test with a prior DUI conviction. You just seemed to be treating your situation a little too lightly, even considering your personal DUI "expertise"! Just trying to get you on the right track. Good luck, g


If you consider that losing your license for two years is not serious I suppose you don't need a lawyer. Most people would consider it serious and would hire a lawyer to defend them. It is not true that lawyers cannot affect the outcome. If it were true the defense profession would have died out long ago.


You need an attorney. Not only for the criminal aspect of your case but also for the DMV portion. You are looking at a 2nd time DUI within 4 years as well as a refusal allegation. Just so you know for a traffic stop and DUI investigation you have no Miranda rights. Also when you get a driver’s license you give up certain rights. One of those rights is the evidential test after you are arrested for a DUI. Do yourself a huge favor and get an attorney. Yes that attorney can help significantly as this is a jail time case.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at

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