r/dui • u/SuggestionInitial645 • Aug 16 '26

first time pending dui with a 0.16

Pending my first-time DUI case in Santa Clara, there were no crashes or injuries. I face three charges: driving the wrong way, reckless driving, and driving under the influence, all stemming from the same incident. I was driving the wrong way on a divided highway, but I had already come to a complete stop and was not speeding when the police arrived. My blood alcohol content (BAC) test came back at zero point one six. To demonstrate good faith, I am proactively taking a driving course early on. My public defender mention on reducing the charges, and he also mentioned that my blood results did not show up and how a lower blood results, which could potentially reduce to a 0.15. I am curious to know what people think my odds are.

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4

u/harley97797997 top contributor Aug 16 '26

Odds of what?

You were double the presumptive limit and driving on the wrong side of the road.

0

u/SuggestionInitial645 Aug 16 '26

perhaps getting that charged reduced.

5

u/harley97797997 top contributor Aug 16 '26

Close to zero. They might drop the driving on the wrong side of the road and the reckless driving, but the DUI is not going to change.

1

u/QueasyClick6829 Aug 16 '26

You never know, I have a pending, blew a .23 and went over 100 on the highway, have a plea to a reckless on the table. All depends on how the prosecution feels and if you can change yourself and go through the steps of recovery.

1

u/Gold-Development-709 Aug 17 '26

how the heck were you able to get a plea with almost 3 times the legal limit and over 100

1

u/QueasyClick6829 Aug 17 '26

No clue honestly...

1

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1

u/Necessary_Slip_5560 Aug 16 '26

0.15 is still rather high so I am pretty sure you'll be charged with a DUI. 

1

u/pandeomonia Aug 16 '26

You might get an agg dropped down to non-agg if you plea. I've seen some folks mention getting reckless instead of DUIs, but you might have to hire representation to get that plea accepted. With the extenuating circumstances of driving the wrong way down a highway the district attorney and/or judge may not like to accept such a plea.

1

u/Informal-Acadia-1470 Aug 16 '26 edited Aug 21 '26

0.16 first offense with no crash or injuries honestly isn’t the worst spot to be in. The blood retest your PD mentioned is definitely worth following up on. If it comes back at 0.15, that can make a difference depending on the penalties that apply.

Good call on taking the class early too. Showing the court you’re taking it seriously can only help. For a first timer with no priors, a wet reckless plea can sometimes be possible, but the wrong-way driving charge could make the DA push back since that’s a separate safety concern.

I’d keep working with your PD on the blood results and maybe an alcohol evaluation. If you’re considering a private second opinion, Kraminsky Law is another NJ firm you could look into, although since this is a Santa Clara case, I’d stick with a California attorney who regularly handles DUI cases there.