California DUI FAQ

What is a “wet reckless” charge?

admin — Thu, 04 Mar 2010 22:52:20 +0000

A “wet reckless” is the common name for a reckless driving involving alcohol; technically it is a violation of California Vehicle Code section 23103 pursuant to section 23103.5. A “wet reckless” is a reduced charge that is often offered to persons accused of DUI that have low blood alcohol concentrations or other evidentiary problems with their case. Not every District Attorney will offer a “wet” reckless and some counties as a policy do not reduce DUI cases to “wet” reckless. You should contact a lawyer in your county to discuss whether your county has a policy against offering “wet reckless” charges to DUI charges.

Can requirements for Alcohol Education Course (DUI classes) be completed in other states?

admin — Sat, 27 Feb 2010 22:26:17 +0000

Typically if you have a strong reason such as a job relocation, the judge will let you transfer your requirement to complete an Alcohol Education program to another state. However, satisfying the court and California DMV are not the same thing.

To satisfy the DMV, you will likely have to file a form 1650 Waiver for termination of suspension action. If you had a private DUI attorney handle your initial DUI defense, they might help you with this process. Otherwise, you need to contact directly the Mandatory Unit of the California DUI in Sacramento at (916) 657-6576. Expect long hold times and bureaucratic runarounds.

What is the DUI lawyer cost in California?

admin — Sat, 27 Feb 2010 22:23:57 +0000

It is impossible to provide a very firm answer to the question of DUI lawyer costs. Some DUI attorneys act like little more than clerks – they file the appropriate papers and make one or two court appearances for you. Other DUI attorneys provide a more vigorous defense – they hardball negotiate with prosecutors, file extra motions, etc. If your case involves a commercial license, prior offenses, an accident or other enhancements, or other factors, you will likely be asked to pay significantly higher for a qualified DUI attorney. In the rare event your DUI case goes to trial, you can expect additional fees.

On top of the variations in your specific DUI case, there are other factors that influence the costs of a DUI attorney. Often but not always, DUI attorney fees are higher in Southern California cities than Northern ones. In more remote areas of the state, fees are typically lower for basic cases, but if you need to bring in a big city DUI attorney, costs can be much more.

The best way to determine California DUI lawyer costs is to meet with several of them. Most DUI attorneys offer a free initial consultation during which they will clearly outline their fee structure.

If the officer did not read Miranda rights, can a DUI case get dismissed?

admin — Sat, 27 Feb 2010 22:22:19 +0000

Lack of being read Miranda rights is not a cause for dismissal in almost every DUI case.

Miranda warnings are meant to protect an individual Fifth Amendment right against self-incrimination. In order to self-incriminate, two conditions need to apply – custody (i.e. being under arrest) and interrogation (the officer needs to being asking you questions she does not already know the answer to). With DUI arrests, typically all of the pertinent questioning occurs before the person is placed in custody.

While lack of being read Miranda rights typically does violate someone’s Fifth Amendment rights, other aspects of the arrest might. Usually, though, stronger DUI defenses come from other directions such as noting lack of probable cause for the stop (a violation of Fourth Amendment).

If you have been arrested for DUI, you should consult with several attorneys experienced in your local jurisdiction and discuss the specifics of your case.