What can I do to have my DUI reduced?

Question

I blew a 0.179 on the test, is there any possible way to get my drunk driving charge reduced?

Steven Raiser · Answer

That depends on which county you were arrested in.

Eric Lampel · Answer

Yes, hire an experienced lawyer.

Craig Elhart · Answer

Since your BAC was a 0.17 or above, you could be charged under the super drunk statute.  The prosecutor, at pre-trial, may be willing to reduce it to OWI first.  You should consult an attorney for further advise.

Michael J. Breczinski · Answer

Get a lawyer and maybe they can get it reduced to impaired if the facts allow it.

Paula Drake · Answer

You should consult an attorney. Sometimes facts other than the blood alcohol level can lead to a reduction in the charge. Some examples include issues concerning the stop  of the vehicle, issues concerning the test itself, etc. I have had cases with similar or even higher levels result in a reduction/dismissal of the charge(s), depending upon the specifics of the case.

Michael Nichols · Answer

This is a fairly high breath approximation. You should contact a qualified DUI attorney today.

James Schoenberger · Answer

Perhaps, but you will likely need a good lawyer to do this. Often, for a first DUI (over .15), the prosecutor will offer a reduction to a DUI under .15, or even negligent driving in the first degree.

Daniel Kieth Martin · Answer

Extremely unlikely. There is an enhancement for BAC of .15% or higher.

Kenneth Hallum · Answer

Yes there is always the chance for a reduction. Much will depend on the facts, such as driving, field sobriety tests, prior history, and the integrity of the .179%.

Jared Austin · Answer

More than likely, they will give you a lesser offense such as Operating a Vehicle While Impaired, especially if it is your first offense. Most of the time. However, from your description you may be charged with the new "super drunk" which means heightened penalties. You need to have an experienced DUI attorney represent you or at the very least review the report and evidence for any errors that could get the charges reduced or dismissed. A good DUI attorney will more than pay for himself in what he can save you.

Edward Blum · Answer

Not based on the .179 which is twice the legal limit.  There may be some other fact that could get you a dismissal, like a bad stop.  If you can't take the DUI, you'll probably need to take it to trial and see if you can beat it at trial.

Louis Leibowitz · Answer

You need to talk to a lawyer about ways to mitigate your situation and what possibilities exist for a trial or plea agreement.

Jared Altman · Answer

Yes but you'll need a lawyer. You need a criminal attorney. An attorney can spot weaknesses in the case that you would never see and knows how to navigate the system and comply with all procedures. Also, the prosecutor will probably not speak with you directly so no plea bargaining will happen unless you have a lawyer.

Stephen Freeborn · Answer

.179 is double the legal limit.  You are going to have an exceedingly difficult time getting any reduction in the charge UNLESS there is something wrong with the evidence.  You need to hire an attorney.  A conviction of DUI for the level you blew carries with it substantial penalties:  jail time, large fines, alcohol treatment, loss of license,

Thomas Mueller · Answer

Yes but only in rare cases. Can they prove you were driving? Did they wait a year to charge you? these are some of the possible defenses. They only apply in a very few cases

Jonathan Willett · Answer

Many prosecutors in the metro area will reduce a DUI to a DWAI if the BAC is below .17.  If its your first, you may still get that reduction, but it would take a little work.  An attorney may help.

Kenneth Wincorn · Answer

That is a very high result. Dismissal or reduction is not  likely unless you can discredit the test result.

Nicholas Belisle Lazzarini · Answer

Generally, DUI defense comes down to three questions:  Were you the Driver, Was there Probable Cause for the Stop, Was your Blood Alcohol Content over .08?  An experienced attorney can review the police report and other evidence in your case and try to get the charges reduced from a DUI to reckless driving charge.

Timothy Klisz · Answer

Yes. If you are a first offender, a plea could certainly be in order.

Jonathan Baner · Answer

Reductions are done at the whim of the prosecutor due to an offer.  These offers are made for various reasons.  Typically, it is a result of both sides understanding the legal arguments that would be made at trial as well as the possible factual arguments, and even pleas for sympathy/understanding (e.g. where someone did one bad driving act for the first time in 50 years and has no alcohol problems, and raises 5 orphans, and cares for dying parent, etc etc.).  Understand that sometimes various pieces of evidence are suppressible and a case has no chance of proceeding.  These are difficult arguments to make and require extensive expertise in Constitutional law of Washington and the United States as well as rules of evidence, and the procedures governing DUI testing.

Wilson Lafaurie · Answer

The fact that the police officer that administered the breathalyzer test indicated that the result was a 0.179 doesn't mean that the result is valid.  That result should and must be challenged for your initial charge to be reduced or dismissed.  Once you sit with an attorney who is a expert in this area you will be informed on his to proceeds with the reduction.

Seth Bloom · Answer

You should contact a local DWI attorney in your area as soon as possible.  Your attorney may be able to negotiate to have your charges and/or sentence reduced in return for your participation in a diversion program such as alcohol/drug counseling, driving school etc.  It is imperative that you have an attorney begin work on your case as soon as possible because various deadlines begin to approach very quickly. In Louisiana, you must request an administrative hearing within 15 days or risk your license being suspended automatically.

Christopher Jackson · Answer

You may be able to get it reduced to a Non-Aggravated DUI with the assistance of a lawyer.

Seth Schraier · Answer

With a good defense attorney, you can potentially plead guilty to a lesser charge, with certain conditions attached such as probation, and a DWI class.  You can have a conditional plea to a misdemeanor and conviction of a violation, conditional on passing the DWI class.  This also is dependent on what your past criminal history is, especially if you have had prior DWIs in the past 10 years, as the prosecutor will be less likely to agree to a lower plea deal such as this.

Philip Hache · Answer

It is possible based on attacking the evidence (ie.  potential issues with the police report, maintenance and calibration of the Breath machines, problems with probable cause for stop, etc.)  You should consult with an attorney about your situation in more detail.

John Bussman · Answer

There are about a million moving parts in any DUI case, so it's impossible to make any real accurate predictions about how to go about fighting your case without a lot more information.  Since you were more than double the legal limit, be very skeptical if any attorney guarantees that he'll beat it for you.

Jacob P. Sartz · Answer

I'd recommend you retain a lawyer and plead not guilty. You are presumed  innocent until proven guilty. The prosecutor must prove any allegations  beyond a reasonable doubt. You have a right to council. OUI's carry  significant license sanctions that go beyond just jail time and  probation.   Ultimately, whether the prosecutor would have the  proofs at trial is a matter for a judge or jury. While a majority of  cases end up being resolved through the plea-bargaining process, never  plead guilty to anything unless you fully understand  all the risks. The prosecutor is never obligated to make a plea-bargain offer. Plea-bargaining is a negotiating process. Unless you really know the strength of a case, the plea-bargaining process may be very daunting.

Eric Sterkenburg · Answer

Coming up with a BAC of 0.179 that is over twice the legal limit is on its face a strong case. This is not going to be reduced unless the facts put the result in doubt or the case has a legal reason that the stop was not legal. You need to consult with an attorney. Present all the facts to him and let him advise you on what your options are.

Jeff Yeh · Answer

You need to consult with a DUI specialist, preferably within 10 days of arrest so you can save your license. Many winning issues in DUI cases actually don't have much to do with the DUI iteself, but rather probable cause for the stop, procedures followed by law enforcement, witness/courtroom availability...etc.

Eric Rothstein · Answer

That's a very high reading - over twice the limit. Most DAs won't make an offer. You need to retain a good criminal defense attorney.

Kevin O'Grady · Answer

In the city of Honolulu they will not reduce a DUI charge, especially a .179.  You may find attorneys who will plead you out and you may get a fine that is not as large as the maximum allowed, but if you want to avoid the conviction, you need to hire an attorney who will fight for you all the way.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What can I do to have my DUI reduced?

31 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer