Can wet reckless charges be reduced

[dabba]

What is the name of your state (only U.S. law)? CA

I was arrested for DUI and blew a .09% on my breath test. subsequent blood test showed .08%. DA willing to reduce charges to wet reckless. my lawyer says this is the best bargain. could this be contested in any ways to reduce charges further? I am in Santa Clara county.

any advice is much appreciated

 

[OHRoadwarrior]

A Wet Reckless is actually a gift from a legal perspective. Though it can be used against you in a future DUI case, it is charged under VC 23103, which is reckless driving. When applying for jobs etc, that is all you must disclose.

https://www.dmv.ca.gov/pubs/vctop/d11/vc23103_5.htm

http://www.dmv.ca.gov/pubs/vctop/d11/vc23103.htm

 

[witzeroni]

I wouldn't call it a 'gift', but I would take the plea. If you don't think there were grounds for pulling you over, then you might want to consider fighting it. You shouldn't have blown if you thought you were close.

 

[CdwJava]

I wouldn't call it a 'gift', but I would take the plea. If you don't think there were grounds for pulling you over, then you might want to consider fighting it. You shouldn't have blown if you thought you were close.

Well, 23103.5 IS a gift. The DA is not required to offer it, but it is often offered to first offenders whose BAC is near .08.

Now, as for the blow, unless they were testing him for the presence of drugs (which often consists of both a breath and a blood or urine test), the blow of .09 was likely into a PBT device in the field and is only one of the field sobriety tests and NOT the mandated chemical test after an arrest. I suspect that after arrest the OP opted for blood. OR, after he blew into the machine, he was advised of the fact that a sample is not saved for independent testing and he availed himself of a blood test that he could have tested at his own expense later (this offer is required in CA).

And, as a note, refusal to blow (as part of the mandated chemical test) is generally an automatic year suspension even if no charges are filed or the defendant is acquitted.