Orange County Breathalyzer Machine


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Orange County Breathalyzer Machine

Orange County Breathalyzer Machine

Orange County Breathalyzer Machine

By far, the most popular Orange County Breathalyzer Machine is the Alco-Sensor IV, by Intoxometers, Inc.  In years of handling cases in OC as one of the best DUI attorneys in Orange County, we have seen almost all police officers in an Orange County DUI arrest use this device. All law enforcement agencies in Orange County have their breath devices maintained and calibrated by one agency – the Orange County Crime Lab.

Our Orange County DUI attorney attended a training and hands-on operation instruction for the new Orange County Breathalyzer device,the Alco-Sensor V, which is soon to replace (after 2017) the AlcoSensor IV.

The Alco-Sensor IV with Memory provides a method of determining breath alcohol concentration, with the ability to store test results for easy retrieval by law enforcement, or for DMV hearings after a DUI arrest.

Evidential grade breath test results are stored in the onboard memory for printing or a later transfer to a computer-based centralized database program.

Orange County Breathalyzer Machine features Include:

  • Fuel cell technology
  • Automated, software-driven breath testing protocol
  • An LED display, providing step-by-step instructions for fail-safe alcohol testing
  • Automatically samples deep lung breath
  • Standard three digit readout.
  • Stores test records to memory
  • Capable of printing test results
  • Mouthpiece release feature eliminates operator contact with a used mouthpiece
  • Easy operation, as the mouthpiece powers the instrument “on” and “off”

Orange County Breathalyzer Alcohol Sensor IV accuracy, like any breath alcohol testing instrument, needs to be checked periodically.  For the Intoximeters Alco-Sensor IV instrument, this is accomplished by running a standard with a known alcohol concentration through the instrument’s sampling system and verifying that the result is within an acceptable tolerance range of the expected value of the standard.  This procedure is called an “accuracy check” and is sometimes referred to as a “calibration check” because it is a test (check) of proper calibration.  If the result is within the acceptable tolerance defined in a Quality Assurance Plan (QAP) designed for the Orange County DUI testing program, the device is considered accurate.  If the result is outside of the acceptable tolerance, the device is not providing accurate readings and therefore needs to be calibrated immediately.

The equipment used to perform accuracy checks and calibrations are referred to as “calibration equipment” and the manufacturer provides everything needed to maintain the accuracy of this testing device.

For information on the Defenses to DUI Breath Cases, see our detailed article, written by a top rated Orange County DUI lawyer,  on the subject.  

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Contact us. If you need the help of a qualified DUI Defense Lawyer in Orange County, then Contact us, or call (877) 942-3090, anytime.

Defenses to a Breath Test DUI Case

Defenses to a Breath Test DUI Case

Breath Test Defenses in a DUI

A breath test using a machine is not the end in a DUI case.  There are certainly Defenses to a Breath Test DUI case. For one, the breathalyzer machine is calibrated to the “average” person, even though in the real world of testing, there is no such thing.

Breathalyzer False Positive Factors Include the Following:

The Law of Breath Testing

Breath testing may, and may not be, mandatory, depending on the type of test performed.  A preliminary alcohol screening device, used as part of the field sobriety testing, to show the presence of alcohol, which is typically not subject to the same strict calibration and maintenance (and internal electronic checks) as an evidentiary breath test, can be refused without consequence, as all field sobriety tests can.

The exception is for those persons that are under 21 or are already on DUI probation for a conviction of Vehicle Code section 23152(a) and 23152(b), or Vehicle Code section 23103.

When a person driving a vehicle is arrested for driving under the influence, he or she is required by law to submit to a test of blood alcohol or face a one year suspension of his driver’s license, or two years if previously convicted of 23152, 23153 or 23103 CVC, within the last ten years of the date of admonition (23612 CVC / 13353 CVC), as part of the conditions of your driving privileges under California Law.

The Science of Breath Testing –  How Breath Testing Works

Breath testing devices use a fuel cell, for the most part, to heat up the air and measure the alcohol captured and measured, as a percentage of the total breath captured.

In 1954, Indiana State Police employee Dr. Robert Borkenstein invented the Breathalyzer, a type of breath alcohol testing device that is still used by law enforcement agencies today.  Because all laws regarding DUI require that drivers be below a certain blood alcohol level, breath testing devices have to assume certain averages (like lung capacity), to convert that to what a blood level is assumed to be.

The Requirements for Breath Testing

The requirements for breath testing, which are made the law in Title 17, the State’s Alcohol Testing code, requires all of the following to be a valid breath test for alcohol.

  1.  The DUI breath test must have been taken within three hours of driving.
  2. The DUI breath test must have been taken using an officially approved measuring device.
  3. The DUI breath testing machine or device must have been maintained as approved by the manufacturer’s maintenance schedule.
  4. The DUI breath test must have been taken after the subject has been observed continually for fifteen (15) minutes, during which the subject has not “belched, burped, or vomited”.
  5. The DUI breath test assumes that the subject has the average Blood Breath Partition Ratio (which averages that  2100mL of breath contain the same amount of alcohol as 1 mL of blood). That figure was given as an average figure over 45 years ago by the National Safety Council’s Committee for Tests on Intoxication.
  6. The testing subject or driver must not have GERD (acid reflux), diabetes, asthma, bronchitis, or any contaminants, including breath strips, mouthwash, dental work that traps alcohol, food in the teeth, or any acetones.  Acetones are a well known false positive for alcohol in breath tests and can be gathered in the lungs by working around paints or solvents, or by air bag dust from an auto accident.
  7. The testing subject or driver must have a standard temperature of plus or minus one degree from 34 degrees Celsius.  Having a fever, being on certain medications, trauma from an accident, exercise, or certain times of a menstrual cycle, can affect temperature.
  8. The testing device or machine must be kept at a constant temperature and must be able to adjust for atmospheric pressure, altitude, or temperature changes.
  9. The testing device or machine must be kept free from radio waves or electrical interference, which can affect the operation of the testing device, including officer radio equipment, and including cell phones.
  10. The testing device or machine must be on its own power supply, not a shared power supply with any other device.
  11.  The testing device or machine MUST be calibrated every 10 days, or every 150 uses, whichever comes first under the Title 17 law (below).
  12. The officer using the breath testing device or machine must have been specifically trained on that particular device.
  13. The breath test must follow the “2/2/2” law.  That is, the machine or device must take two acceptable breath machine samples, separated in time by at least two minutes, and those two samples must agree within a .02% of each other.

DUI Breath Testing - AlcoSensor IV Breathalyzer

Defenses to a Breath Test DUI Case

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Defenses to a Breath Test DUI Case can exist and can lead to a dismissal of a DUI case, or a reduction of a DUI case.  Call our office, or Contact Us, for information on your particular case. 

(Footnote: Title 17 reads as follows regarding breath testing--

§1221.4. Standards of Procedure. (a) Procedures for breath alcohol analysis shall meet the following standards: (1) For each person tested, breath alcohol analysis shall include analysis of 2 separate breath samples which result in determinations of blood alcohol concentrations which do not differ from each other by more than 0.02 grams per 100 milliliters. (2) The accuracy of instruments shall be determined. (A) Such determination of accuracy shall consist, at a minimum, of periodic analysis of a reference sample of known alcohol concentration within accuracy and precision limits of plus or minus 0.01 grams % of the true value; these limits shall be applied to alcohol concentrations from 0.10 to 0.30 grams %. The reference sample shall be provided by a forensic alcohol laboratory. 1. Such analysis shall be performed by an operator as defined in Section 1221.4 (a)(5), and the results shall be used by a forensic alcohol laboratory to determine if the instrument continues to meet the accuracy set forth in Section 1221.4 (a)(2)(A). (B) For the purposes of such determinations of accuracy, "periodic" means either a period of time not exceeding 10 days or following the testing of every 150 subjects, whichever comes sooner. (3) Breath alcohol analysis shall be performed only with instruments for which the operators have received training, such training to include at minimum the following schedule of subjects: (A) Theory of operation; (B) Detailed procedure of operation; (C) Practical experience; (D) Precautionary checklist; (E) Written and/or practical examination. (4) Training in the procedures of breath alcohol analysis shall be under the supervision of persons who qualify as forensic alcohol supervisors, forensic alcohol analysts or forensic alcohol analyst trainees in a licensed forensic alcohol laboratory. (A) After approval as set forth in Section 1218, the forensic alcohol laboratory is responsible for the training and qualifying of its instructors. (5) An operator shall be a forensic alcohol supervisor, forensic alcohol analyst, forensic alcohol analyst trainee or a person who has completed successfully the training described under Section 1221.4 (a) (3) and who may be called upon to operate a breath testing instrument in the performance of his duties. (6) Records shall be kept for each instrument to show the frequency of determination of accuracy and the identity of the person performing the determination of accuracy. (A) Records shall be kept for each instrument at a licensed forensic alcohol laboratory showing compliance with this Section.


Orange County Superior Court Furloughs

Orange County Superior Court Furloughs

Orange County Superior Court Furloughs were the result of the  State of California’s financial crisis hit in 2008, it showed up in the tax income for the State of California in 2009.  One of the most expensive operations is the California Court System, which provides constitutional hearings for criminal cases, civil cases, and family law and other, related types of cases (such as Orange County Probate) for the residents of each county.

When releasing the 2009 budget, it was immediately apparent the there would be a shortfall.  In Los Angeles County Courts, the largest county court system in California, they agreed to close all courts once a month.  Likewise, in Orange County, it was agreed that courts would be  closed the third Wednesday of each month, but started taking furlough days each month.

The furlough dates in Orange County, which shut down courts the third Wednesday of each month, started in 2009, and lated until  June of 2010.

The only purpose of Orange County Furlough dates, was to save money. There are about 1,700 employees in the Orange County court system, and the presiding justice announced to attorneys in Orange County that they were able to save about $5 million over the course of each year with furlough dates.

The Furlough dates also extended to the DMV, which had a temporary suspension of hearings during Mondays and Fridays through 2009 and 2010.

It is always possible, based upon a number of economic factors, for the court to reinstate furlough dates in the future to help meet the budget goals and to save money.  In the Los Angeles Criminal Defense courts, the court decided eventually to close a number of facilities that had a high cost per defendant processed cost, and consolidate operations using the same employees at fewer courthouse locations.

Furlough dates have ended in Orange County, and in all other counties, and all Orange County Courts, the Orange County DMV Office of Driver Safety, and all Courts in California are back to providing services to all five days a week, except for court holidays.


Orange County DUI Checkpoints Tonight in Irvine and Orange

Orange County DUI Checkpoints Tonight in Irvine, and in Orange.  Another Orange County DUI Checkpoint occurs tomorrow in Santa Ana.

DUI Checkpoints Orange County

Orange County DUI Checkpoints Tonight in Irvine and Orange. Another Orange County DUI Checkpoint occurs tomorrow in Santa Ana.  All the details and locations are below.

Orange County DUI Checkpoints Tonight in Irvine.

Irvine DUI Checkpoint was announced by the Irvine Police Department for the City of Irvine, at Barranca and Culver.  Since the police station is on Harvard, between Alton and Barranca, this is very close to the Irvine Police Station, and thus very convenient for Irvine PD officers, to arrest for any Irvine DUI cases.

Orange County DUI Checkpoints Tonight in Orange.

The City of Orange has a DUI checkpoint in Orange, courtesy of the Orange Police Department.  The DUI checkpoint is scheduled for Katella Avenue, between Tustin Street and Cambridge.  It’s in the part of Orange just west of the California State 55 Freeway.

Orange County DUI Checkpoints Tomorrow in Santa Ana.

The City of Santa Ana will have a DUI checkpoint in Santa Ana tomorrow, February 27, 2016.  It will occur in the heart of the residential area in South East Santa Ana, on Raitt St., between Bear Street and Fairview Avenue, in Santa Ana.

Even before the Orange County DUI Checkpoints Tonight in Irvine and Orange were announced, we have covered here before all the reasons why DUI checkpoints are a bad idea, and why they don’t work.  

However, there is big money in DUI Checkpoints.  And checkpoints in an area like Raitt Street in Santa Ana may pick up many non-DUI violations, like lack of registration, lack of insurance, or gang or narcotic activities, that allow police to seize vehicles, meaning shared impound fees that are usually in the thousands, which can’t be collected for DUIs, since a drunk driver is not subject to impound.

That, plus officer overtime paid by grants and the money from federal and state grants, guarantee that DUI checkpoints occur over and over again, rather than the more effective DUI saturation patrols.  

Orange County DUI Checkpoints Tonight in Irvine and Orange

Be safe, be careful, be aware, and if you need to contact us, feel free to email, call or use our contact the firm form anytime.

Newport Beach Reckless Driving Leads to High Speed Chase

Newport Beach Reckless Driving Leads to High Speed Chase.  An Orange County Reckless Driving case in Newport Beach leads to a high speed chase and criminal charges of felony evading arrest.

The Newport Beach Police Department received a call of reckless driving and a local news helicopter covered the high speed chase that resulted.

Newport Beach Reckless Driving Leads to High Speed Chase.

On Reddit, people were quick to claim “methamphetamine”, or some other drug addiction issue.  Newport Beach is home to many rehab homes, including a Newport Beach rehabilitation center that actress and celebrity Lindsay Lohan stayed at, very briefly.

The Orange County Register advised that the Laguna Beach Police Department had put down spike strips to try to stop the driver, unsuccessfully, and the Los Angeles Times had a story that revealed that the driver actually had travelled through Lake Forest, Irvine, Laguna Beach, Newport Beach and, finally, Huntington Beach, where the final PIT maneuver was done, stopping the vehicle.

KNBC, who filmed the above video, videotaped a dramatic message from the driver’s mother, who claimed he may have suffered from bipolar disorder, not driving under the influence of drugs. 

Newport Beach Reckless Driving Leads to High Speed Chase

Reckless Driving is made against the law in Vehicle Code section VC 23103.  It makes punishment for a first offense of reckless driving up to a maximum of several thousand dollars in fines, a jail sentence of up to 90 days, their car impounded for up to 30 days, and have their license suspended for a month. A second or third violation of reckless driving, or if someone was injured as a result of a person’s reckless driving, can result in a mandatory license suspension for a year and up to 6 months in jail.

Aside from the court punishment of potential jail, and certain mandatory fines, the DMV will also get involved once there is a no contest or guilty plea to reckless driving.  That is because reckless driving carries two points against your driving record once you are convicted.

In order to avoid a negligent operator suspension, you cannot have the following on your driving record, to avoid a DMV suspension under California Vehicle Code Section 12810(c), your driving record must have less than the following, looking back from 1 year to 3 years:

  • 4 or more points in 12 months,
  • 6 points in 24 months, or
  • 8 points in 36 months.

If you have questions or need an Orange County Reckless Driving Lawyer, call our firm at (877) 942-3090, or use the contact form on our website anytime.


San Bernardino DUI Schools

San Bernardino DUI Schools

The following is a list of all the approved alcohol programs, or DUI schools, in San Bernardino County.  Contact the school in your location to find out about class meeting times, fees, and other important information.

Jackson-Bibby Awareness Group
222 East Main Street, Suite 218
Barstow, CA 92311
(760) 256-6114

Operation Breakthrough, Inc.
40880 Pedder Road P.O. Box 6445
Big Bear Lake, CA 92315

Social Science Services, Inc
11608 Cedar Avenue
Bloomington, CA 92316
(909) 824-1600

Alcohol Education & Recovery Services
12560 Central Avenue
Chino CA 91710

Rehabilitation Alcohol Program
16655 Foothill Blvd, #101
Fontana, CA 92335
(909) 356-9390

Morongo Basin Mental Health
6393 Sunset Rd. P.O. Box 285
Joshua Tree, CA 92252
(760) 366-3731

Needles Counseling Center
1406 Bailey Avenue, Ste. E
Needles, CA 922363
(760) 326-4221

Valley Improvement Programs, Inc.
210 West B Street
Ontario, Ca 91762
(909) 983-3665

Valley Improvement Programs, Inc.
8540 Archibald Avenue #A
Rancho Cucamonga, CA 91730
(909) 987-4036

Jackson-Bibby Awareness Group
1200 Arizona Street # A10
Redlands, CA 92374
(909) 792-6925

1898 Business Center Dr, Ste. 101
San Bernardino, CA 92408
(909) 824-2885
(909) 824-2885

Hase & Associates
353 West Sixth Street
San Bernardino, CA 92401
(909) 888-0149

Mental Health Systems
2314 N. Sierra Way
San Bernardino, CA 92405
(909) 882-3043

Rim Family Services
28545 Hwy. 18 P.O. Box 578
Skyforest, CA 92385
(909) 336-1800

Valley Improvement Programs, Inc
1589 West Ninth Street
Upland, CA 91786
(909) 985-2785

16 Dalton & Associates
16200 Bear Valely Road, #111
Victorville, CA 92392
(760) 241-1777

Jackson-Bibby Awareness Group
14420 Civic Dr. Ste. 3
Victorville, CA 92392
(760) 241-3000

Southwest Justice Center, Murrieta Courthouse

The Southwest Justice Center, Murrieta Courthouse is part of the Riverside Superior Court system.

The Southwest Justice Center, Murrieta Courthouse was built to serve the growing population in the area of Riverside County that it serves, and three other courts – Lake Elsinore, Perris, and Hemet, were closed or limited when Murrieta opened.  Since there is a jail built as part of the complex, and a Riverside County Sheriff’s office, the structure saves money by reducing travel time and consolidating county costs together.  You can find information on the jail, or find someone that has been arrested and is being held at the Southwest Detention Center website.

Murrieta DUI Lawyer

The court has told attorneys that practice in this courthouse that there is a shortage of attorneys in this courthouse.  Not only is the public defender’s office here very much overloaded and overworked, but there are not enough local lawyers to handle the need for lawyers here.  Many people in this local area need a Murrieta DUI lawyer, so we keep a law firm office in Murrieta to help the courts, and to help clients.

Southwest Justice Center, Murrieta Courthouse location.

The Southwest Justice Center, Murrieta Courthouse is located at 30755-D Auld Road, Murrieta, CA 92563, and handles Criminal Cases, Traffic Cases, Unlimited Civil Cases, Juvenile Cases, Small Claims, and Unlawful Detainer Cases.

The following departments are in the Southwest Justice Center:


There is a separate Riverside County Court very nearby – the Riverside County Temecula Courthouse.  They changed from handling traffic cases to Riverside County Probate cases only.  The Southwest Justice Center, Murrieta Courthouse handles traffic cases again, but other traffic Courts in Riverside County include Moreno Valley, Corona, Banning, Hemet, Indio, and Blythe.

Southwest Justice Center, Murrieta Courthouse phone numbers are:

Enhanced Collections 1.877.955.3463
Jury Services 951.275.5076 or 760.342.6264
Traffic 951.222.0384

The Southwest Justice Center, Murrieta Courthouse has a page with reviews on Yelp.

Southwest Justice Center, Murrieta Courthouse appearance advice.

This courthouse is very busy, and quickly grew to maximum capacity.  The court starts at 7:30 a.m. for arraignments, so that the judges can start hearing cases promptly at 8:30 a.m..  Attorney cases are always given priority, so if you have a Murrieta DUI Lawyer handling your case for you, you will be heard first.   We recommend getting here early so that you can get into the building and be on time for your court appearance.

The Rules for DUI in California

The Rules for DUI in California

Case Results

The Rules for DUI in California are not well known by those that are not lawyers that specialize in DUI Defense. But there are rules that apply to DUI cases, like any criminal case.

The most important rules focus on three areas – the DUI stop, the DUI alcohol test, and defenses to a DUI.

The Rules for DUI in California – The DUI Stop

The first rule that applies to a DUI has to do with what rules the police must follow in pulling you over.  The police have to have probable cause – a valid legal reason to stop you.

Police cannot stop you and then decide on a reason after the fact.  There has to be an articulable crime they stopped you for.  Anything else is a “pretext stop”.

One you are pulled over, you are required to provide a license, insurance, and registration. You are not required to answer questions or submit to any voluntary test (like a field breathalyzer or field sobriety tests).

The police can look into the car, and can search anything without a warrant that is in plain view.  They cannot search a trunk or glovebox without a warrant.

The Rules for DUI in California – The DUI Alcohol Test

The alcohol test has to have a warrant, or a separate probable cause.  Under the McNeely decision, if you have not consented to a blood test, police have to have a warrant.

Under California law, the rules for DUI in California require that a blood test or breath test be taken within three hours of driving.  Blood tests require a licensed phlebotomist draw the blood, a chain of custody for the blood vial, and a test with a calibrated and maintained gas chromatograph.

The Rules for DUI in California – Defenses to a DUI

Defenses to a DUI include the rising blood alcohol defense, challenges to the breath machine accuracy, lack of valid probable cause, or failure to prove who the driver was.

The existence or lack of those defenses will greatly affect what leverage you have to get the best possible plea bargain in a DUI case.

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We have 22 years of trial experience challenging DUI cases in court.  Contact us today with questions about your case.  We can help you.

Third DUI California

Third DUI California

If you have a Third DUI in California, you have a difficult situation. You’re better off with the assistance of an experienced, professional DUI attorney that can fight for you and protect you.

Third DUI California punishment

Unlike your first or second DUI, a third DUI is all about punishment, not education.  There is mandatory jail time of 120 days, plus a license revocation, plus close monitoring by the court, and a mandatory alcohol school.
You would be looking at any or all of the following:
  • Probation for five years;
  • County jail minimum of 120 days, up to 365 days maximum;
  • Fines and fees of over $2,000;
  • Revocation of your driver’s license and driving privileges.
  • Alcohol school program of 18, up to 30 months;
  • Attendance at the MADD VIP Program.

Avoiding the mandatory jail time for a Third DUI California case

The law, and the courts, encourage alternative sentencing for DUI cases.  That may include some or all of the following:
Those programs listed above are not automatically approved.  The prosecutor’s office, the DA of Orange County, opposes alternative sentencing for DUI cases in all instances in Orange County.  That means that often we must bypass the prosecutors in court, and get the approval of the judge through a court offer, or get the approval of a supervisor at the prosecutor’s office, bypassing the junior deputy DAs in court, to get those programs.
It also greatly helps your case to be pre-approved for any of those programs.  That shows initiative, responsibility, and alleviates the court’s concern that you may be sentenced, but not approved, to any of the above.

Third DUI California defenses

Defending a DUI involves a careful review of all defenses, factual and legal, that might apply, given the exact facts of the case.  In that way, it is the same process as getting a first or a second DUI dismissed. Either there is some legal factor that causes the DUI to be dismissed via motion, or after a trial you may get a not guilty in the case.
It helps you to have an experienced top DUI lawyer who will review the facts and circumstances surround your third DUI arrest.
Third DUI California and DUI court in Orange County cases
Orange County has an experimental program known as DUI court.
DUI court requirements are time consuming, as the court requires mandatory attendance in court, participating with probation in testing, and additional classes and requirements.  For that reason, people often drop out of DUI court.  However, participating in DUI court involves electronic home confinement through house arrest, which avoids jail.

Contact us for a Third DUI consultation.

Contact our firm today.  We have successfully handled Third DUI cases over 22 years of DUI defense, and we can help you.

Dry Reckless California

Dry Reckless California

A Dry Reckless California is an alternative to DUI that is better than a “wet reckless“.  This article explains what a Dry Reckless California is, how it’s defined, and how it can help your Orange County DUI case.

Dry Reckless California – What is it?

A dry reckless is defined in Vehicle Code 23103.  VC 23103 reads:

“(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”

Reckless driving requires a disregard of safety.  It is a moving violation, much like a traffic ticket, but it can be charged as a misdemeanor, or an infraction.  As a result, it is a “wobbler light”.

It is considered much less objectionable by employers than a DUI, or a reckless driving with alcohol is.

Dry Reckless California – How is it different from a Wet Reckless?

A Dry Reckless has several advantages as compared to a wet reckless.  They are as follows:

  1. A dry reckless cannot be used as a prior in a DUI.  A wet reckless can.
  2. A dry reckless does not have a mandatory alcohol school requirement.  A wet reckless does.
  3. A dry reckless has lower fines and fees, when compared to a wet reckless. 
  4. A dry reckless conviction in court does not trigger a DMV license suspension, as a wet reckless or a DUI does. 

Dry Reckless California – is my case eligible?

When there is a legal issue that shows one of the defenses to a DUI, or there is a problem of proof as to one of the elements of a DUI, a prosecutor might agree to reduce a case beyond the standard wet reckless reduction from a DUI.  A dry reckless is substantially better than a wet reckless for the above reasons.

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Contact us today. If you have questions for us about a DUI being reduced to a dry reckless, then contact us today.  We can help you and your case.