DUI’s in Cali: Be Informed

I got a DUI in 2013…Well, technically a wet ‘n reckless.

BOTTOM LINE: Don’t drink and dive. EVER. It’s not worth the risk to yourself or to others. If you ever need a ride, call an Uber. If you can’t afford one, CALL ME.

This is what I learned from the situation. I have no legal education, so this is just my personal thoughts. It’s not legal advice or based on legal research, just heresay.

IF you’re silly enough to get behind the wheel after a drink and get pulled over:

  • Be nice to the Police Officer/s. They are people, just doing their job, and they do have control in the situation. Having an attitude will only put you in a worse position.
  • If you answer yes to the question: “Have you had anything to drink?”, the Police officer now has the right (some might say obligation) to give you a sobriety test. Even you say it was only 1 drink.
  • You do not have to blow for BAC, you have the legal right to refuse. If you refuse, the police can impound your car and take you to jail.  They did not impound my car, they actually parked it nicely for me. They must have known I’m a nice guy. lol
  • Once you get to jail, you can still refuse a BAC test.
  • If you decide to take a BAC in jail because a lot of time has past and you think you’re below the limit, INSIST on blowing and DO NOT TAKE A BLOOD TEST. A blood test in irrefutable in court if you end up there. I was tricked into taking a blood test. This was my biggest mistake.
  • If you know you’re still over the limit, just refuse any BAC test. It will take time for them to get a warrant, then they will take blood and you might be in a better position for seeking legal advice.

If screw up and get a DUI, here are a couple pointers:

  • Get a restricted license BEFORE you go the DMV. It can be a trap where the Cops will bust you as you drive in or out.
  • Sr22 form. You’ll need this to get insurance post DUI

Fighting a DUI:

  • 1538 suppression case. Arguing that the cop had no reason to pull you over in the 1st place. 
  • NEED evidence, such as: Statement from someone in car, something recorded, a video, it must be indisputable evidence.
  • He said she said against a police office is a lost cause, especially when you had a BAC (blood alch content) and the officer did not.
  • Having any chance depends on which judge you get, but from what I was told, you have about 5% even if your case is pretty good.

If you’re offered a Wet & Reckless Plea Bargain:

  • This occasionally happens if your BAC was between .06 and .11 and you have no past record.
  • I had a blood test of .09, so I felt lucky to get the offer and took it.
  • Filing 1538 is gambling with $1200. Or whatever the difference between a DUI and Wet & reckless is at that time.
  • Dui and wet n reckless is the same thing. Only differences are $1200 in fine and 3 vs 5 years of probation ( probation is basically nothing)
  • I was told that the wet n reckless plea bargain would stay on the table until I file a 1538. At that trial they will revoke the offer

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