It was after a night of partial recollection, came to after passing a security checkpoint at the airport and had blood drawn. Requested the police report and it had no BAC on it, the DA has called my co passengers and left messages regarding "questions". What do face if I enter a guilty plea? And what of my license if convicted of a DUI VS a Wet and Reckless?
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
You have questions, an experienced criminal defense attorney has answers. Hire the best, locally experienced, one you can afford ASAP. Make sure you setup your DMV administrative hearing within 10 calendar days of your arrest.
"After a night of partial recollection," I wouldn't be too confident about a "wet reckless" disposition, although if your DUI was on federal property you might have a better shot with a high BAC.
You would be wise to get an attorney. If they are calling passengers it likely means there is some type of issue. Without knowing more, at least get a free consultation. Never go in blind and take the "deal" you are offered at arraignment. Your license will be affected with points either way. Plus a suspension.
Thank you for the easy to answer question. Yes, you need a lawyer for a first time DUI charge. The consequences vary from county to county so I would call a local experienced dui attorney to obtain that advice.
I do not suggest entering into a guilty plea unless you have contacted an attorney and he or she has given you all of the pros and cons. Depending on additional facts of your case, your attorney may be able to negotiate a "wet reckless." A DUI conviction can come with fines, possible jail time, probation, and a restricted license. A "wet reckless" is reckless driving involving alcohol. It is nicer way of saying DUI. Though it generally includes a shorter potential sentence, lower fines, and a shorter probationary period.
Your defense attorney is in the best position to intervene to protect your interests in both court and before the DMV. The consequences of a guilty plea depends heavily upon to what offense you plead guilty. Nevertheless, the DMV is a separate administrative agency that will act regardless of what happens in court, so you will need your defense attorney to also address the DMV implications. You should obtain a free consultation from a local North County defense attorney with experience in dealing with your particular circumstances.
If your DUI arrest was on federal property, then it should be processed through federal court. This is different than most DUI's, which are often processed through state court. Federal court has different practices, sentencing, and probation requirements. Although it can vary depending on the county you are in, many federal prosecutors do not have as much experience prosecuting DUI's as many D.A.'s and C.A's, simply because they may not see as many DUI cases pass their desk. Interesting that they were calling your friends, assumingly prior to your first court date based on your post.
Also, not uncommon that the initial police report would not include a BAC level on it, since generally speaking, the blood test has not been analyzed at the time the officer is writing the initial report.
I would highly recommend that you speak to a DUI attorney in the area where your court date will be. Preferably one who has handled a federal DUI before. Good luck
