BAC was .09% (blood test) What are my chances for a Wet Reckless?

[JV25]

What is the name of your state? California

I was pulled over recently by the CHP in California. I barely swerved and it was raining and I didn't cross the white lines. It was around 1:30am when he pulled me over. My lawyer said he might be able to get it to a "Wet Reckless" or a lesser charge considering I only had a BAC of .09% I am 25 years old, have no prior convictions, except for 1 speeding ticket. It's my first conviction. I know lawyers can't give you percentages, but what do you think my chances are of recieving a "wet reckless" ?? I think 20-30% chance, my Dad thinks about a 3 to 5% chance, what do you think?

[CdwJava]

Bookmakers lay odds, no one here could possibly do so without knowing your history, the charging D.A., and the practices of your D.A.'s office and the local courts.

For a first DUI offfense, if there was no truly bad driving involved, you likely stand a decent chance of a plea to 23103.5 ("wet" reckless).

- Carl

[JV25]

Okay, I understand that you don't know my history.. so let me put it this way. If you took the last 100 cases of DUI's with the person having a blood test and a .09% BAC and it's their first conviction.. how many do you THINK ended up in a Wet Reckless or lesser charge? I'm just looking for an opinion.. if someone could just reply with some kind of percentage I would really appreciate it. So Carl, if you HAD to guess.. out of 100 cases when the person had a .09% BAC first offense, how many of those cases would you GUESS ended up in a Wet Reckless or lesser charge? My guess is 25 out of the 100. Please... all I'm asking for is a GUESS. Even if you put 1 out of 100, I don't care.. atleast that's a guess. So Carl or anyone else can you please respond to this question ASAP. I would really appreciate it!

[CdwJava]

Originally Posted by JV25

Okay, I understand that you don't know my history.. so let me put it this way. If you took the last 100 cases of DUI's with the person having a blood test and a .09% BAC and it's their first conviction.. how many do you THINK ended up in a Wet Reckless or lesser charge? I'm just looking for an opinion.

Again, I'd want to look at your prior history with alcohol or drugs. if no history, then I'd say the odd are very good you'd be offered 23103.5 ... provided you did not tank the FSTs or drive too erratically.

In my county I'd say the chance of a first offender getting this offer would be nearly 75% ... in San Diego County where I used to work, I'd say it would be closer to 25%.

Sorry, but this varies a great deal and there are too many variables that can be in play.

Your best bet would be to consult a local attorney who deals with the local DA and knows how this plays in your area.

- Carl

[JV25]

Carl,

Thank you for your reply. I agree, I think I have a decent shot at getting a wet reckless or lesser charge. If I have a DMV hearing in a couple weeks and my court arraignment a couple days after the hearing, then when would be the soonest that I could have this taken care of? I mentioned earlier that I have a job offer and I should leave no later than March 2008. What is the best way to take care of everything in the fastest way possible? Also, is it possible for a settlement/ plea negotiation to happen on the first appearance in court or does it usually take a few days to settle the plea negotiation? I have heard of cases that last a few months, but my main question here is when do you THINK would be the EARLIEST that I could have this case settled?

[CdwJava]

Originally Posted by JV25

If I have a DMV hearing in a couple weeks and my court arraignment a couple days after the hearing, then when would be the soonest that I could have this taken care of?

Different systems work at different speeds. Even if you had an attorney plead guilty at the first hearing, sentencing would likely be at least 3 to 4 weeks out from that. I'd say you MIGHT get it resolved by mid-February, but unless the court is willing to kick into high gear for you, I doubt much will happen before that. And, of course, it will almost certainly require a guilty plea on your part.

Also, is it possible for a settlement/ plea negotiation to happen on the first appearance in court or does it usually take a few days to settle the plea negotiation?

Have your attorney speak to the DA. They can talk. If you plead guilty at the arraignment (that should be the first hearing) then you might get it done by the end of February.

But, each county is different.


- Carl

[JV25]

So I've heard that if you want to negotiate plea bargains then you shouldn't do so on the first hearing or arraignment. Considering my BAC being at .09%, do you think I could reach a settlement by the 2nd or 3rd court appearance?