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First time DUI incident (no priors), car accident (no other people involved, no injuries) on freeway early in the morning.

Fullerton, CA |

I crashed my car into a guardrail on the freeway around 5am driving from San Diego to Orange County. I believe I was more tired than "buzzed" yet I still dozed off for a moment and was involved in an accident with myself. No one, including myself, was injured, but my car is likely totaled. The crash occurred about halfway to my destination. Blew a .10 at the scene and a .08 at the station. I have already contacted an attorney.

What is the possibility of this case being reduced to a wet reckless driving sentence? If the possibility is low, what are the potential penalties in my case of a DUI sentence?

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Attorney answers 3


The best person to answer this is the experienced CA DUI attorney you have already contacted

Ben Glass is licensed in Virginia. He offers a number of free consumer book downloads at his site for information purposes only. You should consult an experienced, board certified attorney in your area. Obviously, no attorney client relationship is formed by participating in Avvo.


A local attorney experienced in DUI cases will be the best person to talk to since they usually know the prosecutors and/or judges.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


I think you should actually hire the attorney, then he or she can be involved in determining the exact facts and review your prior history etc. and be able to best advise you.Retain counsel as soon as you can.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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