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Can I get my DUI case reduced to a wet/dry reckless with a BAC .14 ?

Newport Beach, CA |

I got pulled over for swerving. Was multitasking and putting my GPS on to go home. Did sobriety tests, admitted to having just one beer, blew a .14. Discovery says I had red, watery eyes. I was cooperative, had excited and deliberate speech. Swaying on my right knee (but I've had surgery on that knee.) Later blew a .13 and .12 at the station. Car was not impounded, officer actually parked it at a nearby dealership so I could pick it up in the morning.

I was driving alone, no accident, no injury, and no one else was with me.

This is my first offense. I have a B.A. from a UC college. Currently working at a broker office and studying to be in Real Estate, really cannot afford to be convicted of a misdemeanor. How likely will my case be dropped to a wet/dry reckless depending on my situation

I'm over 21 years old

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Attorney answers 5


I have a few different thoughts. First, and most importantly, it is imperative that you consult with a locally experienced DUI attorney. Most will offer a free consultation and some will charge fair prices with reasonable payment plans. The fact that this is your first offense will work in your favor. However, unless there is some way to attack the case against you, in my experience a wet reckless is unlikely given your BAC, and a dry reckless is even less likely. All that may chance if there is some aspect of your case that the prosecution has difficulty in proving. Also, both a wet and a dry reckless are misdemeanors. Hiring an attorney will give you the best chance of a positive outcome here. Good luck.

Jasen Nielsen


The short answer is yes. I have seen reductions given and have authorized reductions myself in my time as a prosecutor when the BAC was higher than in your situation. I have yet to review a police report where the subject did not have "red watery eyes", or the "strong odor of alcohol", or some of the other objective symptoms you mention, so those are less important. As are the FST's...tests designed to make you fail. Truly the hurdle for you will be the .12 itself. I can only speak from my experience mostly dealing with prosecutors in San Diego, but a .12 (prosecution will take the lower number of a chemical test) is certainly negotiable with your less than egregious facts. The .14 PAS test holds less weight and is not the number the People will hold you to necessarily. get help.


Above answers are solid, here's one thing I will add that's just as important. Find an attirbey who is not only an experienced DUI lawyer but is also a regular in the courthouse in which your case was filed. If this is at Harbor court , lots of great DUI lawyers in that down there who can help you. Find on Avvo or call me for a referral.

Attorney answers to questions on are for general purposes only and do not establish an attorney-client relationship.


I think you already know that any criminal conviction can be an issue before CA's Dept of Real Estate when you apply for license. A reduction of the charge is always a good thing, but it does not resolve the licensing issues as the DRE will examine the underlying facts and circumstances. Ask your criminal defense attorney to try for stipulations at the time of plea that may give you some benefit/protection re your anticipated application for State licensing.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


It seems that beating the charge or pleading to an infraction would be your best options. Based on that, the devil is going to be in the details. Meaning, your attorney will be able to go through your discovery in depth, and possibly get more discovery which can help with your case. I would consult with a local experienced DUI attorney and explain your situation.

This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.

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