Legal Question in DUI Law in California

Hi I was arrested for DUI and have a court date tomorrow to see if I can get a "Dry dui" sentence. The DMV sent me a notice to get my DL returned because they found nothing in my blood. The court is not telling me what they found in my blood system. Dont' I have a right to know what the courts have found in my blood system before going to court? The appointed attorney is already telling me that they will try to get me a DRY DUI and pay a $1500.oo fine, 3yrs probabtion, and DUI classes. I did admit I was taking prescription meds under a doctors care.

Asked on 11/13/12, 11:10 am

3 Answers from Attorneys


If the DMV is saying that they didn't find anything in your blood, then I don't know why you would even plead to a "dry" reckless, let alone a DUI. Something is not making sense. If you have the ability to retain a lawyer, I suggest that you do so.


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Answered on 11/13/12, 11:15 am

Robert Marshall Law Office of Robert L, Marshall

There's no such thing as a "dry DUI." I assume you're actually talking about reckless driving.

If the court records indicate you were charged with DUI but entered a plea to reckless driving with alcohol involved, that's commonly known as a "wet reckless," which has most of the same consequences as a DUI. If there's no alcohol involved in a reckless driving conviction, attorneys often refer to it as a "dry reckless" to emphasize the difference.

It sounds like the DA told DMV there was no ALCOHOL in your blood. The DMV's administrative process to suspend your license is separate from the criminal case in court, and it deals only with alcohol, not drugs.

Even if there was no alcohol in your system, you could still be convicted of DUI if your prescription drugs impaired your ability to drive. It's likely that the lab hasn't completed its drug analysis, so there might not be anything to give you.

It sounds like you don't understand the process very well, so you might want to spend some more time with your court appointed lawyer. He or she has all the facts and can give you much better advice than a stranger on the internet who's guessing at important information.

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Answered on 11/13/12, 11:35 am
Brian McGinity McGinity Law Office

I agree with Mr. Marshall. It is obvious from your question that you really don't understand the process. It is also obvious that since you don't understand the process any decision you will will not be an informed decision. Therefore, your court appointed attorney needs to know you don't understand so that they can assist you with the decision making process. Start writing your questions down and the next time you meet with your court appointed attorney ask the questions. I would start by being completely honest with your attorney and letting them know you don't understand. It doesn't matter how busy they appear to be or how many cases they may have, you need to understand what is happening to you.

Good luck

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Answered on 11/13/12, 6:00 pm

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