DUI Marijuana Charges

[dadatheking]

I have been charged with DUI marijuana(first DUI), & Driving without a license in California. I am 18 years old. I dont know if i should get a lawyer but im not big on money at all. Im asking for advice in anyway or form. I herd plea'ing for a lesser charge is my best bet. The lesser charge was called "dry reckless" which is spose to be reckless driving not related to alcohol. Also what kind of a sentence am i looking at if i just gave up and plea'd guilty.


P.S: A while back I was charged with public intoxication and am currently doing drug and alcohol classes along with community service to take care of that.

Any advice can help,
Thank you so much in advance

[flyingron]

You're misinformed. The terms "wet" and "dry" are just nicknames to the impact of the reckless driving (VC 23105). The charge is the same. However, 23103.5 defines certain additional requirements for those whose DUI (either drugs or alcohol) was reduced to 23105 from the 23152 (both kinds of DUI). That is what is called "wet reckless." "Dry reckless" is a term applied to other forms of reckless (just driving sober with wanton disregard for safety). It would be extremely uncommon to get a dry reckless plea bargain on this charge.

You should get a lawyer. Unlike the alcohol DUI where there is a prima facie determination of intoxication with BAC, the "influence" is largely a subjective determination. A lawyer can tell if you can try to defend yourself on the DUI charge and/or negotiate the plea bargain.

[PTPD22]

Ron is 100% correct about the reckless reduction. It is very unlikely to get reduced to a "dry" reckless in your circumstances.

Although he is also correct about the prima facie determination of impairment with regard to drugs, the term "largely a subjective determination" could be a little misleading. While there is no prima facie amount of drugs (whether weed, meth, or prescription meds) in your system that legally presumes impairment, proper articulation of impairment is based on quite objective indicators. It is the same with alcohol impairment. People refuse breath tests, thus avoiding any evidence of a specific BAC, and are still convicted of alcohol DUI regularly. That's because there are objective observations that a trained officer can testify to in court that are scientifically (and court) accepted as reliable indicators of impairment. Proper training to observe, measure, and articulate these indicators regarding drugs is not as common among police officers as is the training for alcohol...but the training is quickly catching up. So, how defensible your case is will depend heavily on the training of your arresting officer and how well he/she articulated you indicators of impairment in the report.

In some jurisdictions, prosecutors are actually less inclined to offer reductions or other plea deals for DUI-Drugs than they are for DUI-Alcohol. DUI-Drugs is a "hot topic" in some communities and the prosecutors want to show they are actively combating the problem. Also, they want to get their DRE and ARIDE trained officers on the stand, both to give those officers testimonial experience and to familiarize their judges with the technicalities of drug impaired evaluation and evidence.

A local DUI attorney will be able to review the particular circumstances of your case and evaluate your chances of fighting the charge or for a negotiated plea deal. If you qualify for a public defender, PDs in most jurisdictions are at least as experienced with DUI cases as the private attorneys that specialize in DUI.

Your mention of the prior public intoxication implies that you are currently on a deferment that likely includes a suspended sentence and probation. This charge, even if reduced, will likely violate that probation and you can expect a reinstatement of that suspended sentence in addition to any consequences for the fresh DUI.

[flyingron]

I agree with PTPD's amplification on my former statements. There's a lot of variability across a state the size of California, you need a lawyer with specific local experience.