Wet Reckless: When The Blood or Breath Evidence is Close

When I consult with people who have been arrested for DUI, whether a drug DUI or an alcohol DUI, one of the possibilities that we discuss is getting the charge reduced. Sometimes, if the DUI case isn’t too strong or if the defendant has a strong defense, the District Attorney (DA) will offer to reduce the charge. Reduced charges include the wet reckless, dry reckless, or even a traffic violation, such as speeding. Sometimes, having the aid of an DUI Lawyer in Orange County can result in the charge being reduced.

One of the most common reason for reducing happens when the blood or breath-alcohol level of the defendant was close to the legal limit. But usually, just having a low blood or breath-alcohol level isn’t enough to persuade the DA to reduce. You see, the DA doesn’t usually reduce a DUI charge out of empathy or compassion. Rather, they will offer a reduced charge when the defendant, or the defendant’s DUI Attorney in Orange County, convince them that the case is weak or the defense is strong. In the case of a low breath or blood-alcohol level, where the level is just a little above the legal limit of 0.08%, there may be room for your DUI ATTORNEY to argue a “rising defense”.

This defense relies on the fact that blood alcohol levels are always changing in a person. And in a DUI case we are really only concerned with what the defendant’s blood-alcohol level was AT THE TIME OF DRIVING. Now, most blood tests are given more than an hour after the time of driving. So the test only shows what the driver’s blood-alcohol level was long after the time of driving So if the defendant’s blood-alcohol was rising when he was arrested and the test more than an hour after the time of driving was a 0.08%, then there is plenty of reason to believe that the blood-alcohol level was much less at the actual time of driving.  This is known as a rising defense and a skilled DUI defense Lawyer can use it effectively at trial. That’s why the DA will sometimes offer to settle the DUI case for a wet reckless.

Relatively low blood alcohol evidence is not the only reason that the DA will sometimes offer to reduce a DUI charge to a lesser offense. Other weaknesses in the case will also sometimes result in a reduced charge when the weakness is exploited by an experienced DUI Lawyer. For example, sometimes the facts of the case presents grounds for your DUI Attorney to file a suppression motion, requiring the DA to prove that there was reasonable suspicion to justify the warrantless stop or the defendant in the first place. This is another instance where the DA will sometimes offer a reduced charge rather than risking a loss at the hearing on the suppression motion.

If you face charges for a DUI in Orange County, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. You can also visit us at www.ejesquire.com. We have offices in Costa Mesa and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.