How can a person charged with a DUI get it possibly lowered to a dry wreckless instead?

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How can a person charged with a DUI get it possibly lowered to a dry wreckless instead?

My boyfriend (undocumented) recently got pulled over for possible DUI. He was given a breath test and his BAC was .08. They didn’t take his fingerprints nor picture; they just talked to him and gave him a DUI ticket for a court date. This is the first time ever that he has been pulled over for this kind of thing and we are worried it might affect his current application for the visa u. Might it?

Asked on May 27, 2013 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ordinarily ending up with a plea of a wet reckless happens as a result of a plea agreement with the district attorney's office IF the blood alcohol level is low while driving in the case of your boyfriend.

Since the charge against your boyfriend is a misdemeanor and does not involve a crime of moral turpitude, his visa application should not be affected. I do suggest that he consult with a criminal defense attorney for assistance in the matter you have written about.


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