At the Law Offices of Virginia L. Landry, Inc., our goal is to educate
our clients and 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 high
blood alcohol concentration reading – one that’s well-above the .08% legal limit.
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. The driver is pretty nervous at this point 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 well on the roadside tests, so they’re
asked to submit to a breath test, which registers a high BAC, like 0.13%.
The driver is advised that they were initially 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 High BAC Reading
Under California law, the legal limit is .08%, thus a BAC reading of 0.13%
is well-above the legal limit. In this scenario, the maintenance records
for the machine the defendant blew into at the station will need to be
reviewed by a qualified DUI attorney, such as Virginia L. Landry.
If the officer arrested the suspect, 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.
“Can I get my DUI with a 0.13% BAC reduced to a wet reckless?”
It depends. Usually, there must be a problem with the prosecutor’s
evidence in order to get a 0.13% reduced to a wet reckless. As a rule
of thumb, DUIs are typically reduced to a wet reckless when the driver’s
BAC was close to the .08% legal limit, not well-above.
If your BAC was high, you don’t want to hire just any attorney. You
need someone who knows the court, the local judges, and the science behind
DUI. 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! Take full-advantage of our
extensive knowledge and experience.