If you have been charged with driving under the influence, you probably have a lot of questions, especially if this is the first time you have been arrested. While you should always call a Vista DUI attorney as soon as possible, these FAQs might help answer some of the more immediate questions you might have.
Why was I charged with two counts of DUI?
In many cases, the arresting police officer will charge a DUI suspect with two counts, one for having a BAC of over 0.08% and one for driving under the influence of alcohol and/or drugs. While this can sound intimidating, it is normal and you can only be sentenced for one charge.
My BAC was under 0.08%. Why did I still get a DUI?
Driving under the influence is a crime even if your blood alcohol content was below the legal limit and the alcohol affected your ability to drive. If you are a .05 or below and are over 21 you are presumed innocent of DUI.
You can also be charged with a DUI even if you did not drink, if the officer had reason to believe you have taken either legal or illegal drugs and it impaired your ability to drive. You could also be charged if the police officer believed a combination of alcohol and drugs impaired your driving.
Will my court date and DMV hearing date be the same?
No. These are two totally separate issues and will be scheduled on two different dates and in two different locations.
The court date is given to you automatically when you are released from jail, assuming you post bail. You must request the DMV hearing within 10 days of your arrest or you forfeit your right to a hearing.
What is a wet reckless charge?
A “wet reckless” is somewhat like a less serious version of a standard DUI charge. It can still be used as a prior if you are charged with a DUI in the future and will result in two points being added to your DMV record, but the probation period, additions to your driving record and fines will be less than a normal drunk driving charge.
If you have any other questions about drunk driving charges, please call The Law Office of Peter M. Liss at (760) 643-4050 to schedule your free initial consultation with a skilled Vista DUI lawyer.
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