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First DUI arrest BAC level of .11
Anonymous3 views4 answers
No previous crime record. Is it possible to get dry reckless instead of DUI charge?
I got pulled over for weaving,(I wasn't) female officer conduct 3 different sobriety tests I did well.
Anything is possible. A dismissal is possible; however, you haven't told us much about your case. Attorneys can't guarantee results and if one does you should avoid them.
Here's what the prossecution has to prove:
1. You were driving; and
2. You were impaired or 0.08%BAC or more
The officer also had to have a legal reason to pull you over.
These are all issues an attorney will investigate.
Depending on the police agency, there may be video of the traffic stop.
Since you were pulled over I assume driving isn't an issue. In some circumstances driving can be an issue, for example, if you were pulled over on the side of the road asleep or if you were involved in a traffic collision and when the police got there no one admitted to driving.
Lastly, the attorney will investigate the chemical test. Since you already know the results I'm assuming you took a breath test. An experienced attorney should ask you about any medical issues you may have, want to know your drinking pattern, and want a detailed explanation of the entire trafrfic stop/DUI investigation. There are also very specific laws detailing how often the intoxilizer is supposed to be administered and maintained.
Whether or not the prosecution is going to be willing to reduce the charge really is going to depend on what your attorney finds.
Don't be afraid to go to trial! An aquittal is better than a dry reckless every day of the week.
- Brian Andritch
Jeanne M. NormandeauDUI / DWI AttorneyLong Beach, CA ·
A lot will depend on the evidence in your case. If you were stopped by CHP, have your attorney request the MVARS (video of your driving and arrest). This will help prove that you were not weaving. The video can also help show that you did not have slurred speech and that you performed well on the FSTs. Even if you were not arrested by CHP, you should have your attorney request the video. Many police agencies have videos and these can help with your defense. It is not impossible to get a dry on a .11 case...you just want to be sure that you have an attorney look into all the possible defenses and all of the evidence. I have negotiated even better deals with DA's on client's with a higher BAC than .11. Be sure to hire an attorney that exclusively practices in the DUI field and that has a good working relationship with the DA's office. Good luck!
It is possible. Another non-alcohol related charge that may be possible is called an Exhibition of Speed (even if you weren't speeding) as a plea bargain. I would have to know more about your case to give you a prediction. It is possible to attack the credibility of the breath machine used, as well as other factors such as lack of probable cause, etc. Call me at 818-336-1384 if you would like to discuss your case in further detail.
Absolutely possible.
The science behind DUI cases is dubious at best. Despite campaigns by the National Highway Traffic Safety Administration and MADD like "Over the Limit; Under Arrest" and "Drink, Drive, Go to Jail", the numeric estimations of breath testing can vary 2 to 3 times higher than your blood alcohol level while in the absorptive phase. Meaning, if you were absorptive, your blood alcohol could be well under the legal limit of .08%.
Additionally, things like breath temperature, medical conditions, type of machine and interference all play a part in skewing that estimate. Rarely is it skewed in your favor.
No lawyer in their right mind would give you specific potential results based on such a limited scenario. Look at lawyers pages practicing in Tulare County. You can look at representative results for that lawyer posted on .
In addition to our firm, I would highly recommend Terry Wapner. Excellent lawyer out of Fresno.