Can a soldier easily get a first time DUI dropped down to reckless driving
E5 soldier, been in 7 years, deployed twice, never been in trouble received a first time DUI, could it be reduced?
First, let me say that being in the military will not get you any preferential treatment in court. In fact, if this occurred on a military base, it may be worse because of the lack of alternative sentencing programs or out of custody options. If this happened on a base, it is likely to be brought through federal court rather than state.
Before you start considering whether charges can be reduced or to enter a plea in a DUI case, you need to look at the complete picture. Many people fall victim to the idea that a DUI is no big deal, in part because so many people have them and in part because there is so little jail time attached to them. Do not fall victim to this misconception! DUI's are a major deal. They are "priorable" for a period of ten years. What this means is that if you plead or are convicted after trial of driving under the influence and you are later found to be guilty of a second DUI, you are looking at significantly more jail time, higher fines, and more onerous classes. If you are in an accident within those ten years and someone dies of an injury and you are found to have alcohol in your system, you may be charged with murder. If you get a third DUI within ten years, it may be charged as a felony. A fourth will be a felony. Your ability to get (and afford) insurance will be greatly affected with any DUI on your record. You cannot get this expunged during that ten year period. It will stay there for at least those ten years.
A DUI may be reduced, in some circumstances, to what is termed a "wet and reckless." Although the person pleads to the lesser included offense, it is considered a DUI for the purposes of priorability (see above.) It will remain on your record for 10 years. Wets are sometimes available where there is low BAC and good facts.
Typically, when a person is charged with DUI, it is really two charges: PC 23152(1) and 23152(b). The (b) count requires that you have a BAC of .08 or above. Additional enhancements may be charged if your BAC was high. The (a) count requires merely that you were operating a motor vehicle, on a public highway (yes, this means streets, raods, and parking lots too), that you had alcohol in your system, and that because of that alcohol, you were unable to operate your motor vehicle with the same "care and caution of a sober person." The (a) count can be proved up with testimony of bad driving, accidents, etc.
There are many valid and effective defenses to DUI charges. You really do need to consult with an experienced attorney who can advise you as to which, if any, apply in your particular case. DUI's are incredibly fact specific and there is no one answer for everyone that I can give you here. Many attorneys offer free initial consultations, as I do. Talk to as many of them as you need to find someone you feel comfortable working with and who you feel you can be completely honest with.
Because the implications of a DUI conviction are so great, I ordinarily caution people to carefully consider all of their options before entering a plea. Please discuss these thoroughly with your attorney. Do not allow yourself to feel rushed or pressured by anyone - not a friend and not a judge. you alone make the decision because you alone feel the consequences.
Just to clarify, I'm not aware of any authority for charging a 3d offense within 10 years as a felony (absent injury). To my understanding, a "simple" 3d in 10 is still a misdemeanor. A 4th in 10 is usually filed as a Felony - but it is still a wobbler offense. Also, I'm sure you meant to cite VC 23152(a) & (b), not PC.
yes, I meant to cite VC and 3 priors. Thank you for the correction.
assuming that it is a "simple" DUI.
sometimes your military career can make a difference in getting your case lowered but it still helpful to have a very good lawyer
I agree with the other attorneys. Also this can have a significant effect on your career. Have you already received a LOR or LOC. The military is cutting everywhere and you do not want this to be a reason you are let go.
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 www.theocduiguy.com.
Agree with the other attorneys: if played right, it may get reduced. Depends on the BAC and other facts (accident, driving, field tests). Also, the DA usually want to see the military proof in writing. Either the punishments, or your deployments/awards, etc.
Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
It totally depends on your facts, what court your case is in, and to some extent, on who the prosecutor (and in some circumstances, who their supervisor is.)
Unfortunately, although your service is substantial, it is unlikely to be a major factor for the DA in settling your case, absent some unusual circumstance.
The short answer is yes, but . . . . It depends on what county you're in, and what Deputy District Attorney you're dealing with. If the facts of your case show a BAC of .10 or less, and the driving wasn't so bad, and you did fairly well on at least some of the Field Coordination Tests, then you have a better shot. Unfortunately, having represented many military clients, neither prosecutors nor commands are very sympathetic to those who are willing to sacrifice so we can have courthouses in the first place. It makes me angry, and I can share many horror stories re the attitudes of prosecutors. THAT SAID, you should look long and hard for an attorney that you feel confident has the knowledge and skill to fight your case on every level. Even a wet is a misdemeanor criminal conviction and will damage a military career. There are many defenses to DUI. I would look for an attorney who is a member of the California DUI Lawyers Association. Google that group and they have a list of attorneys by county. Also, I will be happy to discuss your case free of charge. (I'm too far away to represent you.) THANK YOU FOR YOUR SERVICE.
Asker
All field coordiation tests were passed with flying colors. Only reason pulled over was due to an incorrect turn into a gas station on the military installation. There was not a time put on the ticket. Not sure if that is grounds for a dismissal. Chewing tobacco was also present in soldiers mouth clear up until the time of the breathalyzer without any time lapse inbetween for following proper procedures to perform the breathalyzer. Breathalyzer read .13 and .12
It is very possible to get a DUI reduced, if you know what your doing. Does your military status make a difference? No. It won't be reduced simply because you are/were in the military. Contact a local DUI attorney.
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