Los Angeles, CA asked in DUI / DWI for California

Q: Can I get a wet reckless charge instead of a dui charge?

I have only had my arraignment but my BAC was 0.12 and I have already taken AA classes. Can my attorney be able to reduce my charges from a DUI to wet reckless?

Related Topics:
2 Lawyer Answers
Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • DUI & DWI Lawyer
  • Walnut Creek, CA
  • Licensed in California

A: Perhaps! It depends on many factors. Look at the yelp reviews of various attorneys, and see if s/he has clients that had similar cases with a .12 BAC reduced or dismissed. Many blessings to you!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, a "wet reckless" charge is a common plea bargain in DUI cases, particularly for first-time offenders or where the evidence may not strongly support a DUI conviction. This charge is formally known as a reckless driving involving alcohol charge.

Your Blood Alcohol Content (BAC) of 0.12 is above the legal limit, but depending on other factors in your case, such as the absence of prior offenses and proactive steps like attending AA classes, your attorney might successfully negotiate a reduction of your DUI charge to a wet reckless.

However, it's important to understand that each case is unique and the outcome depends on the specific circumstances and the discretion of the prosecutor and the court. Your attorney will be able to assess the strengths and weaknesses of your case and negotiate accordingly.

Remember, a wet reckless conviction still carries penalties, though they may be less severe than those for a DUI. It’s crucial to work closely with your attorney to understand your options and the potential consequences of each.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.