DUI Arrest: Can I Get The Charge Reduced To A Wet Reckless?

DUI Attorneys in Orange County

As a DUI Lawyer in Orange County I am frequently asked by distressed people who have been arrested for drunk driving if there is any way to get the DUI      charge reduced to a reckless driving charge or “wet reckless”. The answer is “it depends”. Having practiced DUI defense in the Orange County courts for over ten years, I’ve learned that the prosecutors are interested in one thing—the strength of the case against the defendant. The stronger the DUI case against the defendant, the less inclined is the prosecutor to reduce the charge.
So what makes a strong DUI case? Well, first there is the blood-alcohol level as determined by a blood test, breath test, or both. Typically, the higher the blood-alcohol level, the better for the prosecutor. If your blood-alcohol result is close to or below a 0.08% your DUI Lawyer in Orange County will have a better chance at negotiating a wet reckless. Another important factor is your performance on the field sobriety tests. The field sobriety tests typically consist of the walk-and-turn test, the finger-to-nose test, the horizontal gaze nystagmus test (eye test), the Rhomberg test, and the one-legged stand. If you agree to take these voluntary tests, then the better you perform the better the chances of your Orange County DUI Lawyer to leverage a wet reckless.

Another important factor is how you drove before you were arrested. Was there “bad driving” or were you pulled over for an equipment violation? The more egregious the driving the less likely of getting a wet reckless deal unless the case has some other glaring weakness.

One such weakness may be proving that you were actually the driver of the vehicle in question. Other weaknesses may be that the breath test wasn’t conducted in compliance with Title 17 of the California Code of Regulations or there may be a question as to the initial detention itself. If there is an issue that is not certain by proof beyond a reasonable doubt, then your Orange County DUI Attorney may be able to obtain a wet reckless deal no matter how high the blood-alcohol results or how poorly you performed on the field sobriety tests.

If you have been arrested for a DUI, including a DUI drugs or DUI with injury and would like to know more about the wet reckless possibility, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. Or, visit our website at www.EJEsquire.com.

Orange County DUI lawyers