Can DUI charges be reduced or dismissed in California?

Sometimes. Outcomes short of a DUI conviction include a plea to reckless driving involving alcohol, a wet reckless under Vehicle Code section 23103.5, or dismissal after evidence is suppressed under Penal Code section 1538.5 when the stop, arrest, or testing was unlawful. The result depends entirely on the evidence in the specific case.

DUI cases are evidence cases, and the charge is only as strong as each link: the lawfulness of the stop, the administration of field sobriety tests, the arrest, and the chemical test. Suppression motions under Penal Code section 1538.5 attack unlawful stops and arrests; Title 17 of the California Code of Regulations governs how breath and blood samples must be collected, stored, and analyzed, and documented noncompliance undermines the result; rising-blood-alcohol evidence addresses the gap between driving time and test time. Where proof problems exist, prosecutions are sometimes reduced to reckless driving involving alcohol under Vehicle Code section 23103.5, the wet reckless, or to lesser charges; a wet reckless carries lighter immediate penalties but still counts as a prior DUI for ten years. Two limits deserve candor: California courts have held that Vehicle Code section 23640 bars pretrial diversion for DUI charges, and no outcome can be promised in advance, the defense work consists of testing the evidence, not predicting results.

Authority: Cal. Veh. Code § 23103.5