I hate to say this but you need a lot. A .19 BAC is more than twice the legal limit and most DA's are reluctant to provide a dry reckless when the BAC is over a .10. You need to have a skilled attorney that knows the DA and how to work with them and present evidence that will show your job will be in jeopardy if you are convicted of a DUI.

Answer Applies to: California
Replied: 12/14/2011

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An offer to resolve for a "dry reckless" is difficult to obtain in the average case, in a case with a BAC of 0.19 it would be very difficult. However, all cases are different and the result is determined by the facts. If there were mistakes made on the other side and the DA is worried the case might be dismissed, they may go for such an offer. But then, if a case has that many problems it might be better to press for the dismissal.

Answer Applies to: California
Replied: 12/14/2011

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It is highly unlikely that a .19 is going to get reduced to a wet reckless. You probably want to spare no expense and take that case to trial.

Answer Applies to: California
Replied: 12/14/2011

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There is very little chance of obtaining a reduction. The D.A.s in California have been given their marching orders and will go to trial before reducing those cases. The only possibilities are that the car stop was illegal or that something goes drastically wrong with the D.A.s case. For example the officer gets sent to Iraq or they lose the blood sample. If the conviction would be life altering to you I can only suggest you hire a good lawyer and have him file a Motion to Suppress and if that is denied, set the case for trial and pray.

Answer Applies to: California
Replied: 12/14/2011

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Due to the level of you Blood Alcohol Level you would have a very difficult time getting this reduced to a Dry Reckless charge.

Answer Applies to: California
Replied: 12/14/2011

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Normally the only time a DUI is reduced to a lesser charge is when the BAL is 0.08 or lower. Then it will only be reduced to a wet reckless. To get a DUI reduced to a dry reckless with a BAL of 0.19 you would need the facts to go in your favor. You will also need an attorney. The facts that you were not read your rights usually play no part in a DUI charge.

Answer Applies to: California
Replied: 12/14/2011

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I hate to tell you this, but it's not going to happen. This high blood alcohol may subject you to additional penalties, much less getting a reduction to a dry reckless. You will have to litigate the heck out of this case to get any results. For example, was the breath test accurate? Was the machine working properly? Was the officer who gave you the test qualified to do so? On the legal side, was there a lawful stop? Can they prove you were driving? These are just a few of the issues a lawyer should look into - and yes, you should have one. And it is possible, as you suggest, that you could suffer professional consequences. But the chance of any DA just offering to settle your case, without many more favorable facts, is slim and none. Sorry.

Answer Applies to: California
Replied: 12/13/2011

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If the reading was correct and you were really a .19 there is no chance the DA will voluntarily reduce this to a wet or a dry. Unless you were stopped illegally. Or unless the breath machine was kaput.

Answer Applies to: California
Replied: 12/13/2011

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At that blood alcohol, your attorney is going to have to find significant issues with the investigation and/or alcohol results. Miranda rarely factors into a DUI investigation. Your issues are the legality of the stop/contact, the lawfulness of the arrest and subsequent testing; the accuracy of the testing equipment. This is definitely not a do-it-yourself project. Your chances of getting the prosecutor to reduce your charge to a dry reckless on your own are slim to none.

Answer Applies to: California
Replied: 12/13/2011

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Unfortunately, a 'dry reckless' (or even a 'wet reckless') with a .19 BA would be a tough chore. Sometimes, the best approach (depending on the county where you are charged) is to keep stalling the trial, to build a further history of no more violations, with the argument that this truly was a one-time thing and you need a clean record to keep your teaching position.

Answer Applies to: California
Replied: 12/13/2011

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Dry isn't going to happen because of the high BAC. You will likely have to take the DUI, and just get best terms possible. Only other option is to try to argue an unlawful arrest. For that, though, you should hire an attorney to do the research and see if there is any credibility to the argument.

Answer Applies to: California
Replied: 12/13/2011

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You'll need to hire a DUI specialist to help you. Breath machines are notoriously unreliable, but the prosecutor simply won't take you seriously if you represent yourself. Act now because you have only 10 days to try and save your driver's license after a DUI arrest.

Answer Applies to: California
Replied: 12/13/2011

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A .19 BAC level is a pretty high reading for a wet reckless offer. Your best bet is to hire an attorney to mitigate the facts of the case on your behalf. The fact that you have never been in trouble before will bode well for your defense. I would need much more specific facts to accurately assess whether you are likely to receive a wet reckless offer.

Answer Applies to: California
Replied: 12/13/2011

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To reduce your case to a "dry reckless", you're going to need to convince the prosecutor that you had NO ALCOHOL in your blood at the time you were driving. Since you blew more than double the legal limit, that will require a minor miracle. Miranda warnings are irrelevant here. Police are not required to read you your rights. Your profession is also irrelevant (there are lots of priests, teachers, doctors and lawyers in jail for DUI). It sounds like you need to talk to an attorney right away.

Answer Applies to: California
Replied: 12/13/2011

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You need to discuss this with an attorney who regularly handles DUI cases. Would look for some one who has other than an 800 number. But a .19 will be very difficult to make a "wet" let alone a dry. If you contact me directly with your area of location, I may be able to give you some recommendations. I do not do DUIs. Oh, quality counsel will not be inexpensive.

Answer Applies to: California
Replied: 12/13/2011

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.