Fighting a DUI in California.. Please Help!

[JV25]

What is the name of your state?
CALIFORNIA

I was recently arrested for suspicion of DUI. I took a blood test and the result came back .09% BAC. It was raining and I swerved only slightly (not out of the white lines). My question is what is the best way to fight this and what are my chances of getting it reduced to a wet reckless if I hire a good lawyer?

[tbud333]

Don't know what the REAL lawyers here are going to tell you but from going through the same thing with my son, (in California) it doesn't matter that you were within the white lines or not when you swerved. (same reason son was pulled over) That's all they needed to pull you over and catch you with an over 0.8 BAC. With a good lawyer you might be able to fight and get it reduced to a wet reckless because it was barely over the limit, my son on the other hand blew a 0.11 so no chance of getting it reduced. Good luck, and learn from this. If you are getting behind the wheel, don't take even one sip.

[CdwJava]

Originally Posted by JV25

What is the name of your state?
CALIFORNIA

I was recently arrested for suspicion of DUI. I took a blood test and the result came back .09% BAC. It was raining and I swerved only slightly (not out of the white lines). My question is what is the best way to fight this and what are my chances of getting it reduced to a wet reckless if I hire a good lawyer?

A first offense DUI is almost always pled to a 23103.5 ("wet reckless"). Whether you have a chance of prevailing in court depends on the details and whether your attorney can find any flaws in the initial stop, the field sobriety tests, or the chemical test. This is very rare. And, if you DO go to trial, you will be risking the full DUI and NOT the "wet reckless".

You would be best advised to consult an attorney because there can be long term ramifications to a convictions and an experienced eye MIGHT find a flaw in the state's case. Then it would be up to you whether it's worth a risk to throw the dice at trial.

- Carl