DUI Wet and Reckless and Marijuana ?

[CdwJava]

Originally Posted by scrd36

Yes, charged with 23152 a and b but no mention of speeding...just was hoping to avoid 3 points off of license right away rather than just the two?

There is typically no citation for precipitating infractions in such an incident.

They tell me that there is little plea bargaining in my county though so I don't know if all ends up around .08 or greater if that will happen or not. Of course the blood will be the tell tale sign as I hear that it's the most accurate of any of the tests.

It's the most difficult to challenge, for sure. But, I suspect if you are near to .08 then a deal may be in your future.

Either way, get ready for a license suspension in your future - even if only for a month or two before you can get a restricted license.

- Carl

[scrd36]

My main hope is to avoid the license suspension with pleaing to a wet and reckless and getting a restricted license for work...but I think that the blood test results are the only thing that could save me there.

[scrd36]

Friday, I received my copy of the police report, it was the day of my arraignment and I got a copy from my lawyer. I am set to discuss the police report facts with him soon....basically, of course, the report says nothing good. It says that they think that I failed the 3 FST's....hortizontal gaze nystagmus, says I sustained distinct nystagmus and the extemes and 45 degrees in both eyes...Romberg-swayed from front to back 2-3" during test and had exteme rapid eye tremors and finally finger count...completed and did 5 sets but tapped my index finger 3 times for each set and paused between third and fouth tests to look at officer....Also blew .089 and then .086....Times of side of road blow were around 1:35 and the blood was taken at 2:25. I'd imagine this is not good news for me for sure....although I did not know that you could refuse fst's. Also said that I smelt of alcohol and had blood shoot eyes, mumbled and was unsure on my feet....But it was raining, they made me take off my glasses, and conducted the test on the side of a road not completely level. All that being reported, would I still have a shot at wet and reckless if blood comes back lower than .08? FST's and breath stuff seems pretty damning evidence? I am sorry for my mistake and will pay for it just want to know what you think in regards to the evidence possibly ruining my plea to at least save license for restricted use and get lower fines?

[CdwJava]

The finger count is not a standardized field sobriety test and could be subject to challenge with little difficulty. The Romberg and the HGN tests ARE SFSTs and from what you write, the results would tend to indicate impairment.

As for refusing the FSTs, the officer does not have to tell you that you have the option to refuse.

I suspect that if the blood BAC is at or just below .08 that you should have a shot at "wet reckless".

- Carl

[scrd36]

Carl,

I know that you aren't a lawyer, but my blood came back at .09 so I talked to one person who said that I should still try to get a wet and reckless under the rising bac argument. My lawyer has suggested that I retest the blood again but I think that may just dealy the inevitable. I guess I will just have to meet with my lawyer and see what he advises?

[CdwJava]

Originally Posted by scrd36

Carl,

I know that you aren't a lawyer, but my blood came back at .09 so I talked to one person who said that I should still try to get a wet and reckless under the rising bac argument. My lawyer has suggested that I retest the blood again but I think that may just dealy the inevitable. I guess I will just have to meet with my lawyer and see what he advises?

Of course you should listen to your attorney. In my opinion, a re-test is not likely to make much of a change in things unless you performed admirably on the FSTs (which would have resulted in NO arrest, so that's not likely the case). But, if the expenditure is worth the chance to better a bargaining position, by all means go for it.

I'd say that at .09 you're in a good position to plea for a wet reckless. But, different counties have different policies on this, so you may have to simply wait and find out what they ask for.

- Carl