Yes, you should. Many DUI cases with a BAC of .08 get plead down to a wet reckless, depending on the actual facts.

Answer Applies to: California
Replied: 9/20/2011

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You will probably need an attorney to negotiate the deal. Most prosecutors dont' offer it to people representing themselves.

Answer Applies to: California
Replied: 9/20/2011

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Often the DA will offer a reduction to a wet reckless, reckless driving with alcohol, if the evidence supports your alcohol level was lower than .08 at the time of driving. Your blood alcohol changes over time so sometimes a driver has a lower level at the time of driving than at the time of the test. A wet reckless usually allows for a lower fine but counts as a prior DUI if you ever are charged with another in the next 10 years.

Answer Applies to: California
Replied: 9/19/2011

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Yes, but you should consider hiring a DUI specialist to go to court for you. The last thing you want is for the prosecutor to take advantage of you, or have an over-burdened public defender tell you that is the best he/she can do.

Answer Applies to: California
Replied: 9/19/2011

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You should try for a wet reckless or maybe a dry reckless if you are very lucky. This also depends on the facts of your case.

Answer Applies to: California
Replied: 9/19/2011

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It depends on the mood of the prosecutor. Many .08 cases are reduced. It depends on the facts of the case, like the driving pattern, results of the balance tests, if there was an accident, and how long the defendant had been driving since his or her last drink. If the driver had just finished the last drinks shortly before being stopped, the chances are better because the alcohol was not yet in the blood stream.

Answer Applies to: California
Replied: 9/19/2011

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The charge might be reduced based on what you represent. However, you probably would do better to retain counsel.

Answer Applies to: California
Replied: 9/19/2011

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A good California DUI Specialist Attorney can help you try to achieve that.

Answer Applies to: California
Replied: 9/19/2011

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Absolutely! You have a good case with a blood alcohol level so low. At the very least, you should be able to get what's called a "wet reckless", but you may be able to do even better, such as a "dry reckless" or a "speed contest", or win the case! You need to contact a lawyer who focuses on DUI work immediately.

Answer Applies to: California
Replied: 9/19/2011

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Your attorney should be able to negotiate the case down to a wet reckless. This charge will save you approximately $1,000 but you will still have to attend the first conviction program, MADD and any other terms your local court imposes.

Answer Applies to: California
Replied: 9/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Everything is possible. At a 0.08%, you have a decent chance for a reduction to a wet reckless or even possibly a dry reckless. Depending on the facts of the case, you could beat it entirely. You'll never know until you consult with a local criminal defense attorney to discuss the particulars of the case. It is definitely not a do-it-yourself project though. If this was a recent arrest, you only have 10 days to challenge the DMV's automatic suspension of your license. If you don't fight the DMV as well, you'll lose your license, even potentially with a good outcome in the criminal case. Start with consulting a local criminal defense attorney ASAP.

Answer Applies to: California
Replied: 9/19/2011

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You should really look into hiring an attorney. Although there is a good possibility to reduce to a wet reckless, you may even be able to reduce to a dry reckless, depending on your previous criminal history, age, the facts of your case, ect.

Answer Applies to: California
Replied: 9/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.