Legal Question in DUI Law in California
I got arrested for DUI 6 weeks ago in San Diego County. I did not cause an accident and I took the blood test at the jail (which ended up being 45 minutes after the arrest). I used a bail bondsman and bailed out of jail and got released seven hours later. That was only the first time I have ever been arrested.
I called the sherriff's office and they said my BAC came back as 0.03. I wonder if I can still get charged with wet reckless and/or if I should try to borrow money from family to get a lawyer if they say I make too much for one (I work intermittenly and earn between $700 and $1200 a month). I am worried about having a misdemenor on my record and wonder what I should do at the arraignment, other than plead not guilty?
3 Answers from Attorneys
No. They won't file charges. You will show up at the arraignment and find out they did not file charges. Assuming a .03%, that is very low. The San Diego prosecutors do not file wet recklesses. A wet reckless is a possible plea after a DUI. What prosecutor would pursue a non-accident .03%? None. See http://www.sandiegoduilawyer.com/ for info.
At arraignment the ONLY thing you should ever do is plead not guilty. If charges are filed, then hire an attorney to defend you. With .03 BA a deal for wet reckless is possible, but not guaranteed. You�ll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. You and your attorney can then determine how best to handle the case. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I've been doing these cases for many years.
They probably won't file a case against you. However, if they do, you should get an attorney to help get you out of this mess. My question, is why did they stop you in the first place. Were you driving in a reckless manner? If so, with a blood alcohol with such a low reading, they could just file a "dry" reckless charge. If you were just stopped for a minor traffic offense, and then they assumed that you were under the influence, it shouldn't get filed. More facts are needed.
BARRY BESSER
www.besserlaw.com
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