CLICK HERE TIPS TO AVOID MISTAKES AFTER A DUI ARREST

Articles Posted in Reckless Driving

One of the biggest elements of a DUI case is the blood alcohol level. Under California Penal Code §23152, and §23153, it is not necessary for a person’s blood alcohol level to be over .08% for them to be charged and convicted of driving under the influence.

The law is clear on the subject, and if a prosecutor or Judge had all the facts, they could readily convict a person who has been charged. Fortunately, that is not how the law actually plays out in Court. If a person has a low blood alcohol level, under .08%, there is a good chance their case will be reduced or dismissed.

The charges will likely be reduced from a driving under the influence of alcohol to a wet and reckless driving charge, dry and reckless driving charge, or an exhibition of speed. This is the best case scenario when it comes to facts. The courts are more flexible if the blood alcohol level is low.

It is unlawful for a person to drive a vehicle on a highway with a willful or wanton disregard for the safety of persons or property under California Penal Code §23013.

Anyone who exhibits a willful or a wanton disregard may be convicted of a reckless driving charge under this section.sThis statute is different from many others in that a person cannot be arrested under this charge alone. Most often, a reckless driving charged is an offer given to those charged with DUI’s.

However, it is not a common offer. It is rare that a prosecutor will offer a reckless driving charge to a person who is brought before the Court on suspicion of DUI. A reckless driving charge is one that must be bargained for and negotiated for by an experienced San Diego DUI lawyer.

California Vehicle Code §23013 makes it unlawful for a person to drive a vehicle on the highway with wanton or willful disregard for the safety of persons or property.sWhen a person who has been charged under this statute has been drinking or under the influence of drugs, it is referred to as a wet reckless.

A wet reckless charge is important for several reasons. It is a charge that a knowledgeable Criminal Defense attorney will negotiate to have a DUI reduced to. A wet reckless carries with it several advantages over a DUI. The goal of any experienced attorney should be to first and foremost have the DUI dismissed, and if the facts make it impossible to do so, it is best to aim to have the charge reduced.

It is very rare that the Prosecutor will offer a wet reckless as an offer at the arraignment. A reckless driving charge is one that must be heavily negotiated and bargained for, and is rarely granted. Regardless, with the right argument and defense, a DUI offense has the chance of being reduced to a wet reckless.