Chino Hills, CA asked in DUI / DWI for California

Q: Did I get screwed with my plea bargain deal?

First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't aware of the "agreement" of the charges until the my lawyer shoves the paper in front of me and tells me to sign after he and the other attorney met with the judge. This included $1900 fees, AB541 classes, Ignition interlock device for a year, as well as a SCRAM device for 180 days, as well as 3 years probation. I just had the interlock device removed a few weeks ago in regards to DMV restricted license. Everytime I asked my lawyer questions about what classes to sign up for, or info on the interlock device, ect. I was always left confused. Now I feel my plea bargain charges are no different than a DUI, if not worst.

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5 Lawyer Answers
David Michael Lehr
David Michael Lehr
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Ventura, CA
  • Licensed in California

A: There is only a small difference between a dui and a "wet reckless." Some Counties don't give out what you got. You didn't get a horrible deal, nor a great one.

1 user found this answer helpful

John Karas
John Karas
Answered
  • DUI & DWI Lawyer
  • Temecula, CA
  • Licensed in California

A: You did receive sentencing terms for a 1st DUI. A guilty plea to "wet reckless" (which counts as a prior DUI for enhancement purposes) would NOT include AB541, the requirement to wear a SCRAM ankle bracelet nor the interlock ignition device and the fine is significantly less than $1,900.

Since you already had the IID device removed after a year, it's too late to withdraw your plea (a motion has to be filed in less than 6 months of entry of the plea) and the 1 year statute of limitations to sue your attorney has also passed (there are some exceptions which you may wish to discuss with an attorney who specializes in Professional Negligence).

1 user found this answer helpful

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
Answered
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: It's impossible to know whether your "deal" was good or bad as it depends on the facts of your case. Simply because you had a low blood alcohol concentration doesn't mean your facts were good, there are many "enhancements" that increase the potential punishment for a DUI including speeding, under 14 year old passengers, under age driver, etc. At any time prior to accepting the deal you could have switched lawyers or asked questions about the "deal."

Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info is necessary to determine if it is a good or bad deal.

it sounds like a first offense DUI sentence.

each court is different as is each factual scenario

Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

a wet is very similar to a DUI or driving with a .08 or higher.

usually, the difference is the fine and sentence.

sounds like a standard sentence and yet some courts will NOT give a WET with a .09.

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