At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 886-6333

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How To Reduce Your DUI Charges In Marin County, CA Lawyer, San Rafael CityI Got A DUI In Marin County, But My Bac Was Under 0.08. Why Wasn’t I Charged With Wet Reckless?

 If you were arrested for DUI in Marin County, CA, and your BAC was 0.08 or lower, an attorney can usually negotiate your case down to a Wet Reckless charge. In Marin County and most places in the San Francisco Bay area, your attorney can usually get your DUI charge reduced unless there are some egregious facts in your case.

It can be more challenging to get a DUI charge reduced in some Bay area counties as opposed to others, but if your BAC was at 0.08 or lower, our first goal will always be to get your case dismissed – not reduced. That means we’ll work to fight the charge and make the whole thing go away as soon as possible. (Though, of course, we can’t ever make promises about what the outcome of a case might be.)

The Marin County District Attorney’s Office and other DA’s offices in the San Francisco Bay Area will typically always charge a regular DUI, even though they know it will probably get negotiated to a lesser charge if not dismissed. In fact, it’s because they know that the charge is likely to get brought down that the DA charges a standard DUI under vehicle code section 23152(a) and 23152(b) instead of the Wet Reckless, which is vehicle code section 23103. It’s just the way they operate.

You may have heard about what many prosecutors’ offices do when they want to “get” someone for something: They charge everything they can, hoping that something sticks. Is this the right way to do something? Is it honorable? Is it honest? That depends on who you’re talking to.

If you’re right at the limit, there’s a margin of error to take into consideration. Granted, I’m biased because I’m A DUI defense attorney fighting for my client’s rights – but I believe that in these cases, Wet Reckless should be charged from the beginning. Unfortunately, that’s not what happens, and that’s not how it works. Instead, when you get arrested for DUI and your alcohol level comes back at anywhere near 0.08, you’re almost always going to be charged with a DUI at the beginning of the case. 

How Do I Reduce My DUI To A Wet Reckless In Marin County?

The first step to reducing your DUI to a Wet Reckless in Marin County is to hire the best DUI attorney you can find and afford. As DUI lawyers, we’re trying to find a way to get your case dismissed and to make it go away so you do not end up with any conviction on your criminal record.

It’s important to know that having a DUI reduced to a Wet Reckless would be a compromise between a DUI and a dismissal – because it’s still a criminal conviction – and a criminal conviction can be a problem in many ways and for the rest of your life. Because of this, DUI lawyers look at different things to try and win the case and, if not, at least get charges reduced. To do this, we work to show the prosecutor’s office that they do not have the solid case they think they do.

There’s a lot we DUI lawyers can do when trying to get DUI charges dismissed and reduced. So if you’ve recently gotten a DUI and want to get the charges reduced or dropped, your best option is to call a top-rated, top-notch, experienced DUI lawyer who only does DUI defense in Marin County. There are only a few of us, so hire one of us and let us do what we do best.

Does A Wet Reckless Show Up On A California Background Check?

A Wet Reckless charge will appear on a California background check and within the Department of Justice records. In fact, the arrest can (and often will) be displayed even before there’s any conviction. Later on, once there is a conviction, a Wet Reckless will also show because it’s a misdemeanor, and misdemeanors and felonies are on criminal records.

The “best” thing about a Wet Reckless compared to a regular DUI is the length of probation. A DUI has three years of probation, meanwhile, a Wet Reckless is typically only one year – and since you’re off probation quicker, you can get an expungement faster.

You should always work with a lawyer for an expungement to ensure it’s done right. Once the court has granted the expungement, the Marin County Clerk’s office will send it to the Department of Justice and your criminal record will show that the charge or conviction has been dismissed – usually about a month or so after the initial expungement has been granted.

For more information on the Reduction Of DUI Charges In Marin County, CA, a free initial consultation is your next step. Get the information and legal answers you seek today by calling (415) 886-6333.

Aaron Bortel

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Call Us 24/7: (415) 886-6333
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