At the Law Offices of Virginia L. Landry, Inc., one of our goals is to
help educate the public about California DUIs. In today’s post,
we’re going to take a look at whether there’s any hope of
a DUI defendant getting their DUI reduced to a
wet reckless with a 0.13%
blood alcohol concentration reading.
In a typical scenario, a person is driving along and suddenly they notice
the red and blue lights flashing in their rearview mirror. They pull over
and the officer approaches the vehicle and asks the driver if they have
had anything to drink.
Usually, the driver is pretty nervous right about now and they answer truthfully,
“Why yes, but it was several hours ago.” Next, the officer
asks the driver to step outside the vehicle and perform
field sobriety tests.
The DUI suspect doesn’t do so well on their tests, so next they’re
asked to submit to a breath test, which registers at 0.13% BAC. The driver
is advised that they were pulled for some traffic violation, such as speeding,
running a red light, or perhaps because they were driving at night without
This was their
first DUI. Is there any chance of getting it reduced to a wet reckless?
What to Expect With a 0.13% BAC Reading
Under California law, the legal limit is .08%, therefore a BAC reading
of 0.13% is well-above the legal limit. In this scenario, the maintenance
records for the machine that the defendant blew in at the station will
need to be reviewed by a qualified DUI attorney, such as Virginia L. Landry.
If the CHP officer arrested the suspect, then there should be a video and
possibly an audio of the field sobriety tests conducted roadside. We would
also want to know if the suspect took a test at the scene with a handheld unit.
To answer the question, “Can I get my DUI with a 0.13% BAC reduced
to a wet reckless?” the answer is
it depends. Usually, there must be some problem with the city attorney’s proof
in order to get a 0.13% reduced to a wet reckless.
In this scenario, you don’t want to hire just any attorney. You need
someone who knows the court, the local police, and the science behind
DUIs. As a proud member of the
National College for DUI Defense, and as a
Board Certified DUI Defense specialist, Attorney Landry is the high-caliber defense lawyer that you’re
Contact our office to schedule your
free case evaluation with an experienced Orange County DUI lawyer!