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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
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Experience:  Since 1983
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California DUI - Will wet reckless be offered as officer said

Resolved Question:

California DUI - Will wet reckless be offered as officer said? He convinced me not to be arrested, get blood test, was that appropriate?

2am pulled over for not using turn signal at stop sign in residential area, no other cars around except cop car behind me. I blew .08 bac. Officer said I could be arrested & spend hours at lockup being booked, posting bail, doing blood test, or I could be released now to parents custody. My brother who had a few drinks was in the passenger seat & yelled out the window for me to request a blood or urine test. He said they don't want to process all the paperwork. Officer told him urine test is no longer offered, call parents & be quiet. They arrested him for public intoxiation because he was "interferring" with their work. Officer told me I'm very cooperative, passed all field tests & will probably get charged with a wet reckless. He let me go home w/parents. I'm 27. No prior offense. And the officer dropped the turn signal violation.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 7 years ago.
What charges to file is a decision that ultimately rests with the DA, but the DA usually follows the recommendation of the arresting officer. So my opinion is that there is a high likelihod the charge will be wet reckless and not DUI but no one can guarantee that, not even the arresting officer.
Customer: replied 7 years ago.
When my parents arrived, they told me I should go to jail and get the blood test. Officer said "it's too late". Was it? My bac probably would have been under .08 by the time they got me there, booked, etc.
Expert:  N Cal Attorney replied 7 years ago.
I don't know why the officer said it was too late for a blood alcohol test.

Vehicle Code § 23152 at refers to a test within 3 hours after driving.

23158(b) states you can demand a second test, and it sounds like you asked for that and the officer said no. Maybe that is why he said he would charge this as a wet reckless and not a DUI.
Customer: replied 7 years ago.
He said since I had 3 field breath tests I couldn't have the blood test. That all happened within an hour of when they pulled me over. The jail is 20 minutes away. I think I got screwed over.
Expert:  N Cal Attorney replied 7 years ago.
I agree it appears the officer violated your rights under Vehicle Code § 23158(b):
(b) The person tested may, at his or her own expense, have a
licensed physician and surgeon, registered nurse, licensed vocational
nurse, duly licensed clinical laboratory scientist or clinical
laboratory bioanalyst, person who has been issued a "certified
phlebotomy technician" certificate pursuant to Section 1246 of the
Business and Professions Code, unlicensed laboratory personnel
regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business
and Professions Code, or any other person of his or her own choosing
administer a test in addition to any test administered at the
direction of a peace officer for the purpose of determining the
amount of alcohol in the person's blood at the time alleged as shown
by chemical analysis of his or her blood, breath, or urine. The
failure or inability to obtain an additional test by a person does
not preclude the admissibility in evidence of the test taken at the
direction of a peace officer.

If you tell me what county this happened in I can refer you to a local attorney who handles this type of case.
Customer: replied 7 years ago.
Sonoma County
Expert:  N Cal Attorney replied 7 years ago. lists DUI lawyers by location in Sonoma County, some of them offer a free consultation.
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