General Question

acaulder's avatar

Can you get out of a DUI?

Asked by acaulder (16points) September 19th, 2008

Under what circumstances can a person evade conviction of a dui charge in California? What if the person is in the military?

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16 Answers

Judi's avatar

My friend hired a good attorney and got it reduced to “wet reckless” what ever that means. If you have enough money you can buy justice in California.

aidje's avatar

“Can you get out of a DUI?”

I hope not.

“What if the person is in the military?”

There’s no reason that members of the military should receive that kind of special treatment. That said, there’s a decent chance that they do. /grumblegrumble

Emilyy's avatar

Yeah, I was going to say wet reckless is your best bet if you can hire an attorney. But that would probably still be a bit pricy.

raceboy84u2's avatar

if you have dui get a good lawyerrrrrrrrrrrrrrrrrrrrr!!! Oh ya goodluck!!!

raceboy84u2's avatar

And if in miltary you cant get out of it…

Snoopy's avatar

If you were actually DUI then I don’t think you should get out of it….?

However, giving you the benefit of the doubt…...and that you actually weren’t DUI…...was there a medical reason for the erratic driving? Diabetes, etc. Do they have urine, blood etc that says you were DUI?

on another note, thank you for your military service, by the way

Snoopy's avatar

@Judi & Emily What is “wet reckless” defined as, exactly?

acaulder's avatar

No, just to clear things up I was not the one with the DUI I’m an educator I know better :-)
Yeah, my friend heard about wet and wreckless so hopefully that will pan out for him.
I am with the other post what does that mean anyway?

dland's avatar

I certainly hope not. Don’t. Drive. Drunk.

If you do, then you should expect pay the full penalty. It’s as simple as that.

On the other hand…

As long as possible before you go to court, begin to actually change your life to prevent a repeat offense. Go to AA, seek counseling, consult your clergy person… Make an explicit, concerted effort to reform yourself so that you will not be in a position to drive drunk again, and keep careful records of your progress.

When you go to court, dress professionally, bring the records of your progress, and be completely respectful to the judge. When you are asked to plead, Plead “Guilty with an explanation, your honor?” Say it in the tone of voice of a question, to let the judge know that you are asking permission. If—and only if—s/he gives you permission to do so, then:

Do be prepared, brief, professional and courteous.
Do not make excuses: there is no excuse for drunk driving, period.
Do be remorseful: make it clear that you know that driving under the influence was a stupid mistake that you do not intend to repeat.
Do not burden the court with your troubles or blame your DUI on anyone else.
Do let the judge know what steps you have already taken to prevent a repeat offense.
Do not assume that any of the foregoing will keep the judge from throwing the book at you.
Do shut up immediately when the judge asks you to. In fact, listen extremely carefully to all of the judge’s instructions and follow them completely.
Do not interrupt or argue with the judge.
Do mention that you have documented your progress, indicating your records.
Do not attempt to read from your records unless asked to do so by the judge.

Whatever you may want to think, you deserve no leniency from the court. You did something selfish and stupid that could have killed or maimed you and others. But the judge is a human being who has the privilege to show discretion — but no obligation — to show leniency. The judge will have heard every excuse, dodge, sob story and line of BS that you can imagine.

You don’t have a leg to stand on. So, with dignity but not a hint of self-righteousness or self-pity, show the judge that you are reforming your life so that this sort of thing will never happen again. The judge may or may not care that you have documented your progress. S/he may or may not want to see your documentation. You almost certainly will not be permitted to read from them at length. Simply the fact that you took the effort to document your progress and bring it to court is what may matter.

PS: I am NOT a lawyer or affiliated with the courts in any manner, just a guy who knows that the court owes you nothing but a fair hearing on the facts of the case and the execution of the laws as written.

jackf1946's avatar

Take the DUI, especially if it’s your first. You’ll save a lot of money (for no guaranteed ‘not guilty’ result) and hopefully learn a good lesson. If this is your second or third drunken/drugged driving arrest, you should spend some real time in jail to help you understand how serious your problem is.

acaulder's avatar

Thanks for the input everyone I will share your insight with them.

Judi's avatar

I don’t know what constitutes “wet reckless.” I think it’s just a bargaining chip for prosecutors and judges to plea down DUI charges. It doesn’t have the mandatory penalties like DUI does.

mollysmithee's avatar

There really isn’t a way to completely get out of a DUI, but a DUI lawyer may be able to help you with plea bargaining and reduced sentencing. Here’s an article on what DUI lawyer’s do that may help:

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