Can a 1st DUI With 0.13 BAC Get Reduced to a Wet Reckless?

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Can a 1st DUI With 0.13 BAC Get Reduced to a Wet Reckless?

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 headlights.

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 looking for.

Contact our office to schedule your free case evaluation with an experienced Orange County DUI lawyer!

Categories: DUI Defense, Wet Reckless
  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

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Law Offices of Virginia L. Landry, Inc. - Orange County DUI Attorney
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