Can I have my DUI charge reduced?

Question

I was recently stopped for a DUI with a .08 alcohol level.  Will I have the opportunity to have the charge reduced?

Kevin O'Grady · Answer

Your best chance of getting a DUI reduced or dismissed or obtaining a not guilty verdict lie with having an experienced criminal defense attorney at your side.

Michael Lynch · Answer

Any offense can be reduced during settlement negotiations with the DA.   Often DUI defendants with a BAC of 0.08 can plea out for what is  referred to as a wet reckless.  Look up Vehicle Code section 23103.5.   Consult with a lawyer.

Thomas Mueller · Answer

The D.A. is usually thinking about reducing that charge. It is almost a certainty with a good lawyer. We find that Tom Mueller is very helpful in those cases.

Jack Berner · Answer

Your best bet is to hire an experienced and effective DUI attorney.  If you're a Western Washington resident, feel free to contact my office for a free, no obligation consultation regarding your situation.

Shawn Hooks · Answer

You may have the chance to have the charge reduced in plea bargaining or if you have defenses available to you.  You should consult an attorney who regularly handles these charges to discuss what your best strategy is and what the typical practice in your court is prior to any trial or pretrial hearings.

Michael Morgan · Answer

It is possible to get the charge reduced but you would need to provide more information before I would give a more definitive answer.

Seth Bloom · Answer

It may be possible to negotiate a reduced or deferred sentence but this will all depend upon the specific details of your case.  It is very important to consider consulting with an attorney before accepting any sort of plea deal since the long term consequences (i.e. your ability to have the conviction expunged from your record in the future) may not be obvious to someone without legal expertise.  If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.

Eric Sterkenburg · Answer

Yes in most courts a .08 can be reduced to a wet reckless.

Terry Nelson · Answer

CAN you??  Sure.   WILL you??   Police and prosecutors don't take the time to research, prepare and file charges just to drop or reduce them.        No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc.  However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts.  Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict.  If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial.  If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.  Ill be happy to help use whatever defenses there may be.    Keep in mind a little free advice:   When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV.  That is separate and runs consecutively with any suspension that may be imposed by the court.  Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony.  If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.

Andrew Subin · Answer

Yes. In Washington, if it is your first DUI, it should be reduced to negligent driving in the first degree.

Craig Elhart · Answer

Since you were just at legal limit, it is very possible, if you have an otherwise clean record, that the prosecuting attorney will offer you a reduced charged of impaired driving.

Carl Spector · Answer

In New York you may have a very good chance to get your case reduced to a driving while ability impaired with a reading of .08% BAC.

Theodore W. Robinson · Answer

If it's a first offense, then yes, you will most likely have the opportunity to  have it reduced, especially if there are no aggravating aspects such as high  speeding or an accident. Consult with an attorney right away for further  information and assistance - it will be worth it to you in the long run. Good luck.

Scott Hilderman · Answer

Yes you can possibly have it reduced or even dismissed depending on the facts of your case.  There are many ways to challenge a DUI offense especially with a .08 BAC.  You should consult with an attorney.

Jared Austin · Answer

Most prosecutors offer some sort of plea deal in order to resolve the case without resorting to trial. However, if you are .08 I would strongly encourage you retain an experienced DUI attorney because that is right on the limit which means the machine could be off or malfunctioning just a little which could get the charges reduced or dismissed. A good DUI attorney will more than pay for his services in what he can potentially save you.

Thomas Tomko · Answer

In many cases, a first offense charge of Operating While Intoxicated in Michigan can be reduced to the charge of Operating While Impaired.  The benefits of such a reduction include a reduction of points, restricted license for 90 days rather than the 30 days of no license followed by 150 days of a restricted license, and saving $1,000 in financial responsibility fees.  Your best course of action is to hire an attorney who can discuss these differences with you, negotiate a plea with the prosecutor, and then you can consider the plea.  Also, depending on the facts in your case, there may be a possibility of an even better result.  If there is any inaccuracy in the breathalyzer, some delays, contamination, no evidence of bad driving, etc . . .then you case could be one which you could consider for trial.  (Ex:  The datamaster machine is calibrated at .10, so a result of .08 may be questioned, especially where there are differences between the first and second test, .08 is the presumptive minimum, so interference with the test result could be raised, field sobriety tests can be questioned . . etc.)

Geoffrey MacLaren Yaryan · Answer

It's likely, but not a certainly, that it will be reduced to a "wet   reckless" if your blood alcohol was .08.

Carnell Johnson · Answer

In Charlotte, the DA will not reduce a DWI to a reckless driving charge.  In surrounding counties, it is possible.  Please note, however, that a .08 BAC is low, and can be challenged.  The breathalyzer has a margin of error of +/- 5%, which in effect can reduce the .08 in a trial.   Please feel free to contact me with more information about your case.

Robert English · Answer

You need an attorney. You may have a defensible case and you need a skilled attorney. Do not go in and try to do it yourself.

Ajibola Oladapo · Answer

You may have it reduced to negligent or reckless driving based on the facts and circumstances of your case.

James Schoenberger · Answer

Yes. If you have no prior DUIs, most prosecutors will offer a reduction of the charge to settle the case.

Philip Hache · Answer

Yes.  I recommend talking to an attorney about your case in more detail.  I have been successful in mitigating consequences (see 1duilawyer.com), getting charges reduced and dismissed in cases where the BAC is .08 and even when the BAC has been over a .20.  An attorney may be able to save you money and hardship in the long run as well as reduce the charges.   A lot of attorneys including myself will give a free initial consultation to discuss your case in further detail so you can then decide if you want to hire or not.  Whatever you decide, best of luck with your case.

Jeff Yeh · Answer

Possibly. Since you are at the borderline, an experienced DUI specialist may be able to obtain a reduction or even a complete dismissal for you. Just make sure you don't waste this great case by walking into court yourself and pleading guilty to whatever they throw at you.

Maureen Baldwin · Answer

.08 is of course the legal limit. Often they are plea-bargained down to "wet reckless". Other times, being right at the limit may be reasonable doubt right there, especially if it is a breath test.

Matthew Murillo · Answer

Depends.  If you try to do it yourself, the likelihood of having it reduced is unlikely.  If, in fact, your BAC was .08 (and your in California), then it may be possible for your attorney (if you hire one) to negotiate reduced charges with the District Attorney.  You should at least consult with an attorney to discuss the case.  That way you can see if there are any other possible issues that should be addressed.

Stephanie Hartung · Answer

It is possible to have a DUI charge reduced to a lower charge, like reckless driving or negligent driving. It is not likely that the prosecutor will reduce the charge on his/her own however. Consult a DUI attorney to discuss your options. Also, don't forget that if the offense occurred in Washington State you are still facing a 90 day license suspension from the Department of Licensing and you should request the DOL hearing to contest the suspension. Please feel free to give me a call for more information.

Russell West · Answer

If this is your first DUI with a .08 BAC I think you have a good chance of having the charge reduced.  You or an attorney need to speak with the prosecutor and try to work out the best deal possible.

Michael J. Breczinski · Answer

There is a possibility that it could get reduced. What were the facts behind  the stop and arrest? Was any one with you. What were you drinking? etc A good defense attorney would be looking at the possibility of fighting the case or  working out a lesser deal.

Timothy Klisz · Answer

Yes, if a first offender, a plea should be in the works.

Gabriel Dorman · Answer

As far as getting a DUI reduced, starting with a .08% BAC is a great place to start. Ultimately, whether you can get a DUI reduced or even dismissed depends entirely on the facts of your case and any defenses you may have. I hope this answer was helpful. Good luck.

Joseph Dane · Answer

Is there a possibility?  Yes, but not without a lawyer.  The DA will look at you as a DUI case since you're a 0.08%.  Without a lawyer, they will likely not be willing to reduce it.  You may have other defenses or options, but like any criminal case, yours is not a do-it-yourself project.  Don't forget to contact the DMV within 10 days of your arrest to challenge the suspension of your license or you'll lose it automatically.

Andrew Roberts · Answer

It is quite possible to have this charge reduced. Any attorney who guarantees such should not be dealt with. Need to know more facts.

Hussein Karmali · Answer

Strong likelihood of reduction, but no assurance since every case is different.

Michael Nichols · Answer

You have a good case. With the uncertainty factored in to the breath estimate you are probably below the limit.

Eric M. Mark · Answer

This depends on what state you are in. Consult with a DWI attorney ASAP.

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