Can I Get a Second DUI With a Low BAC?

It happens all the time: A driver is pulled over during a routine traffic stop. The driver knows that they were drinking earlier that day or evening, so they are nervous about getting a DUI. The officer says, “Don’t worry, if everything is okay, I’ll let you go.”

After taking a breath test, it turns out the driver has a blood alcohol concentration (BAC) of .07%, just below the legal limit. Will they be charged with DUI? Let’s say the driver had a wet reckless prior a few years earlier, but unfortunately it was less than 10 years ago.

For those who don’t know, a “wet reckless” is something DUI suspects plea down to in a plea bargain. While it’s a lot better than a DUI conviction, it still counts as a “priorable offense” if the driver is arrested for DUI in the future. So, the question is, will the prosecutor charge the person with DUI, even though their BAC was just below the legal limit?

What You Can Expect

Suppose you’re the one that was arrested for DUI with a low BAC after a wet reckless. Even if your BAC was at .07%, that doesn’t mean that the DMV or the state won’t take legal action against you. While they may not because your BAC was .07%, there is no guarantee. You should immediately contact an experienced DUI defense lawyer, such as Virginia L. Landry.

Attorney Landry knows all of the players in Orange County, and she can contact the DA and try and work out an arrangement so they don’t file charges against you. The best defense is to get an attorney to work on your case now!

Since you have a “wet reckless” on your record, which counts as a prior DUI offense, the DA may try and file charges against you in hopes that you won’t have an attorney and you’ll just plead guilty at your arraignment – not a favorable alternative.

The fact that you blew .07% is better than if you blew .08% or higher, but there’s no guarantee that the prosecutor won’t file charges. Under VC 23152(a), all that’s required for a DUI conviction is that you were driving “under the influence” of drugs and/or alcohol.

You Don’t Want to Wait and See

If the DA hasn’t filed charges yet, you don’t want to take a “wait and see” approach because time is of the essence. By consulting with our firm, we may be able to negotiate with the prosecutor to prevent formal charges from being filed – a major bonus!

Additionally, you are also facing potential issues with the DMV and your driver’s license. Intervention with an experienced attorney from our firm can have a huge impact on the outcome of your case.

Searching for an Orange County DUI attorney? Contact the Law Offices of Virginia L. Landry, Inc. to discuss your case for free with one of OC’s top DUI defense firms!

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