Orange County DUI Arrest And The Dry Reckless

Law Offices of EJ Stopyro

Orange County DUI Lawyer

DUI Attorneys in Orange County

If you are facing charges for an Orange County DUI, then the District Attorney has filed a complaint against you alleging that you violated Section 23152 of the California Vehicle Code. During the court proceedings, your DUI lawyer will evaluate all the evidence against you, including the results of the breath test or blood test, the results of the field sobrietytests, calibration and maintenance logs for these devices, any video in the case and the arrest report.

If there are weaknesses in the case, such as a blood-alcohol test result that is close to or below 0.08%, then the DA might settle the case against you if you plead to a lesser charge. A “wet reckless” is usually the next lowest charge and its advantages are discussed in our previous blog and on our DUI website on the Wet Reckless page. But sometimes your DUI attorney can get an even better offer. A “dry reckless” is a simple traffic violation that is NOT alcohol related. Although the fines for a dry reckless and a wet reckless are about the same, the dry reckless has some distinct advantages over the wet reckless.

A wet reckless conviction will count as a prior DUI if, within the next ten years, you are convicted of a DUI. So if you plead guilty to a wet reckless today, and three years from now you are arrested for a DUI, it will be charged as a “second offense” carrying mandatory jail time. (In Orange County a typical second-offense DUI gets 45 to 90 days of jail time.) However, if your Orange County DUI lawyer gets you a dry reckless, this DOES NOT COUNT as a prior DUI if you are arrested again.

Another advantage of the dry reckless over the wet reckless is that a conviction for a dry reckless will usually NOT cause your insurance to go up. Some insurance companies will increase a driver’s rates for a wet reckless conviction. The DA will usually not offer a dry reckless unless there are some serious problems with the evidence or a blood-alcohol level BELOW 0.08%.

If YOU are facing charges for a DUI in Orange County it is important that you consult with an experienced Orange County DUI defense lawyer with outstanding case results. Call the Law Offices of EJ Stopyro at (949) 559-5500 The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyers in Orange County
Orange County DUI Attorney