What are Some Lesser Charges in California DUI Cases?
Many individuals, facing a DUI arrest, are understandably concerned about the potential impact on their record. They are eager to avoid a DUI conviction, to prevent the sight of Vehicle Code Section 23152 on their record.
They'd rather see some other charge because they know the stigma that DUI carries around with them should they have to plead guilty or no contest to it. There are lesser charges that Los Angeles prosecutors will allow some people charged with DUIs to pray to. The problem is, and I think the confusion is, that people often think they will get to plead to a lesser charge.
They think it's standard practice to plead to a lesser charge, and then they get some rookie attorney who promises them all these things, but that attorney doesn't have the skill set or the proper case to be able to get a lesser charge.
The first thing is that you have to have the proper case. The person has to have a clean record. There must not have been an accident or injury, and the blood-alcohol level must not be that high.
If you've got double the legal limit and you think you'll get a lesser charge in Los Angeles County, you're just dreaming.
It's not going to happen, and these lawyers who trick people and lie to them to get their money are doing them a disservice.
If you're facing a DUI charge with a high blood-alcohol level, it's natural to feel concerned. However, it's important to remember that with the right circumstances and a skilled attorney, there's potential for a positive outcome. Lesser charges are available, and a strong argument can be made for a more favorable resolution.
Wet Reckless
Some of the lesser charges, going in descending order, would be a 'Wet Reckless '. A 'Wet Reckless' is a charge that is very close to a first-time DUI, but it is one notch down from a DUI. It's a term used to describe a reduced charge for a DUI offense.
If you had a choice in LA county between a VC 23152(a) or (b) or a 23109(c) or a wet reckless, you'd want the wet reckless over the full-fledged DUI.
The prosecutors will often make you do all the same punishments as a first-time DUI to get that wet reckless. They'll make you do an alcohol program and be on probation for three years. But obviously, having a lesser charge is better than having a more strict control.
Dry Reckless
Moving down from there, I would say a dry reckless would be the next notch down. Those are very difficult to get in LA County when you've been arrested for a DUI, and the prosecutors file the DUI charge against you.
To secure a 'Dry Reckless ', you'd have to demonstrate that your blood alcohol level was close to the legal limit or even under the legal limit, and you were not dangerous out on the road, and you didn't completely fail the field sobriety test. If these conditions are met, then you might have a chance to get that 'Dry Reckless '.
Speed Exhibition
Another charge that I see is what is called a speed exhibition. That's one where you're screeching your tires out of a parking lot, for example, non-DUI-related/non-alcohol-related.
It's more of a moving violation, in my opinion. It's still a misdemeanor, but you'd much rather have that than a full-fledged DUI. I see many prosecutors in LA County being willing to offer that, but you're going to have to be right on the legal limit.
Your blood alcohol is going to have to be a .08, .07. You might say, Mr. Hedding, how can I be charged with a DUI if I'm a .07? That's below the legal limit.
You could be charged with that, and I see some people set it because Vehicle Code Section 23152(a) doesn't mention the legal limit. It talks about having alcohol in your system and not driving a motor vehicle safely.
So, if you blew a .07 and cash into a pole and failed the field sobriety test, then the police will arrest you for a DUI, and the prosecutor will probably file that case.
On the other hand, if you were just grabbed coming out of a bar, you weren't doing anything wrong, and you don't have a criminal record. You blew a .07. We might even be able to avoid a filing in that case, and if they do file it, a speed contest or something else might be a good option.
Moving Violations
The only other resolution I've seen besides a dismissal if they don't have the evidence against you for looking for a lesser charge is moving violations.
I've had some clients blow right on the legal limit, have no record, and did pretty well on the field sobriety test, even according to the police.
Police often like to jimmy those up and claim you've done every time someone takes the field sobriety test. They do that because if they don't, they can't justify arresting you.
They are not allowed to arrest you unless they say you failed the field sobriety test, which gives them probable cause to take you into custody.
They're always saying you failed the field sobriety test. But I have gotten moving violations for people who are right on the cusp and don't want to risk going to trial. When the prosecutors realize they can lose, they sometimes knuckle under.
So, if you're looking for someone who has been involved in thousands of DUIs over the last 26 years, you've come to the right place. Pick up the phone and ask to speak to Ron Hedding. I'm ready to help you and will do everything to get you the best result.