I would advise you to retain a lawyer to assist you with this matter. Most attorneys provide free initial consultations. If you cannot afford to retain a lawyer, the court may appoint you one at the public's expense assuming you meet their eligibility requirements. Speaking generally, anyone charged with a crime is presumed innocent until proven guilty. The prosecutor must prove the allegations beyond a reasonable doubt. Simply because a person is charged does not mean that they will ultimately be convicted. A person charged with an offense may not be guilty of any offense or perhaps just a lesser offense. Plea-bargain negotiations are a delicate process and vary significantly depending on the court, prosecutor, a person's prior history, and the particular circumstances. Given the stakes of a potential an OUI conviction, having an experienced OUI attorney review your file and handle plea negotiations may have a significant impact on the potential outcome of a case.

Answer Applies to: Michigan
Replied: 11/2/2011

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You need to fight your DUI and negotiate for a wet reckless. Depending on the jurisdiction, you may be able to do better than a wet reckless on a .09.

Answer Applies to: California
Replied: 10/31/2011

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The "qualifications" for getting an offer to settle an arrested for a DUI with a plea on a wet reckless are the facts surrounding the case. Issues such as the time between the stop and the record of the BAC. How well/poorly you did on the field sobriety tests. If there is a possible 4th amendment issue which could be waived with a lessor plea. Make sure the facts of your case are reviewed by your attorney.

Answer Applies to: California
Replied: 10/31/2011

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A wet reckless is a plea bargain, generally controlled by the prosecutor. Some counties, the prosecutors don't not even consider wet reckless. A .09% is a good fact for a "wet" It would prudent to consult a DUI lawyer to discuss your case and all the options, including a wet.

Answer Applies to: California
Replied: 10/31/2011

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.09 is very reducible to a wet if driving not too bad.

Answer Applies to: California
Replied: 10/30/2011

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If you can get a DUI reduced to a wet reckless depends on the facts. It is possible with a .09 if no accident, erratic driving and cooperation with the police your attorney may get the DA to reduce the charges.

Answer Applies to: California
Replied: 10/29/2011

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Your best bet is to hire a DUI specialist. You do have a good case, but you need someone experienced to present the case for you to the prosecutor under the best possible light. Don't forget about the DMV, which must be contacted within 10 days to save your license.

Answer Applies to: California
Replied: 10/28/2011

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Most reasonable prosecutors would offer you a wet reckless based on the .09. But a lot depends on the driving, the results of the FSTs and whether your level was rising or falling. Did you tell the cop how long it had been since your last drink? If you had just finished your last drink, your level would be rising and you would have been under .08 at the time of the test.

Answer Applies to: California
Replied: 10/28/2011

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It is up to the DA whether or not they want to give you a wet reckless charge. A .09 is typically a good candidate for a wet reckless charge.

Answer Applies to: California
Replied: 10/28/2011

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You should get better than a wet with that low BA and no bad driving; get a good DUI lawyer.

Answer Applies to: California
Replied: 10/28/2011

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I think you will need an attorney to tlk the DA and court into a wet reckless.

Answer Applies to: California
Replied: 10/28/2011

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With a BA level this low, you will almost certainly be offered a wet reckless. They are generally reserved for defendants with a lower BA level. Indeed, with a .09 BA level, you may wish to fight the case.

Answer Applies to: California
Replied: 10/28/2011

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It is up to the DA as .08 is the legal limit. You need a lawyer for a shot at a wet reckless.

Answer Applies to: California
Replied: 10/28/2011

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It will require the work of a California DUI attorney who will know how to distinguish speeding while impaired vs. just speeding while sober, explain to the prosecutor's the limitations of field sobriety testing, the subjectivity of the so-called signs or symptoms of intoxication described the police officer and of course the fallacies of breath test estimates v. actual BAC at time of driving. Good luck.

Answer Applies to: California
Replied: 10/28/2011

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