In this post, we discuss what happens when someone has a wet reckless on their record and they are arrested for driving under the influence less than 10 years later, but with a blood alcohol concentration that’s below the legal limit.
Let’s say that you were pulled over for an alleged traffic violation and after exchanging words with you, the officer began to suspect that you were driving under the influence of alcohol.
You refused the breathalyzer, so you were arrested and taken down to the station for a blood test. You just got the test results back and they say that your BAC was .07% on the day of the arrest. Now you’re wondering, “What should I do next?”
You have a wet reckless on your record from several years ago, but unfortunately it has not been more than 10 years. Your friends told you that you should wait to see if the DA files DUI charges before you contact an attorney, is this good advice?
What You Should Do Next
While LA, Orange, Riverside, and San Diego counties vary slightly in their handling of DUI cases, we hate to say it but in Orange County, with a wet reckless on your record, you will more than likely be prosecuted for a second DUI.
The fact that you blew less than .08% is to your advantage, but that alone won’t help you avoid a DUI charge. That’s because under Vehicle Code Section 23152(a), the law does not require a specific BAC, all the prosecution has to prove is that you were “impaired.”
We tell clients in this position that they don’t want to take the “wait and see” approach as this would be perilous. Instead, we strongly recommend that you contact a local DUI attorney immediately.
The best way to get your money’s worth is to hire someone who can handle the court case and the DMV hearing, which must be scheduled within 10 days of your DUI arrest.
Understand that a second DUI is a serious offense, and you have enough positives going for you that an experienced DUI attorney could make all the difference in the outcome of your case.
Contact the Law Offices of Virginia L. Landry, Inc. to work with one of Orange County’s top DUI defense firms. Call now for a free consultation!