How to Reduce Your DUI Charges
A DUI arrest can lead to serious consequences. Depending on the situation, a DUI can result in expensive fines, license suspension, and jail time. And a DUI conviction will normally show up on your criminal record. However, in some cases, you might be able to reduce a DUI to a less serious charge or participate in a program to mitigate some of the consequences.
Reducing a DUI Charge
Most DUI cases are resolved through plea bargaining. In other words, the defendant agrees to plead guilty or no contest to some criminal charge in exchange for less severe penalties than otherwise could result. (However, the laws of some states prohibit plea bargaining in DUI case.)
Many states have several classifications of intoxicated driving offenses that carry different penalties. In these states, a defendant who's charged with driving under the influence might try to reach an agreement with the prosecution to plead guilty to one of the less serious types of intoxicated driving. By pleading to one of these less serious offenses, the defendant will likely end up paying lower fines, having to complete a shorter license suspension period (or none at all), and avoiding any jail time.
In some cases, it might also be possible for a defendant to negotiate a wet reckless plea deal. The term "wet reckless" refers to when a defendant who's charged with a DUI agrees to plead to a reckless driving charge in exchange for the prosecution dismissing the DUI charge. As with any other type of plea deal, the goal for defendants in seeking a wet reckless is to reduce the penalties they face. Unlike with a DUI, a reckless driving conviction doesn't typically carry a mandatory period of license suspension.
The chances of reducing a DUI charge to something less serious generally depend on the seriousness of the offense. For example, if the defendant had a low blood alcohol concentration (BAC) and no prior DUI convictions, chances of reducing the charge might be good. If, on the other hand, the defendant has several prior DUIs and the current offense involve an accident, it's unlikely the prosecution would agree to reduce the DUI charge.
Diversion and DUI Court Programs
Some states have diversion or DUI court programs for eligible defendants who are charged with driving under the influence. With diversion and DUI court, the defendant typically must complete some sort of drug or alcohol treatment program, pay fees for the program, and possibly maintain an install an ignition interlock device (IID) in his or her vehicle for a certain period of time.
Diversion and DUI court program participants who adhere to program requirements can expect significant benefits. Depending on the jurisdiction, program participants might be looking at reduced fines, less possible jail time, and shorter license suspension periods. However, for many people, the main attraction of these programs is the DUI charge is ultimately dismissed by the court—meaning, successful participants won't have a criminal conviction on their record.
Eligibility requirements for diversion and DUI court programs vary by state. However, to be eligible, a defendant normally can't have any prior DUI convictions (at least not in the recent past) and the offense can't involve any serious aggravating factors like a high BAC or an accident where someone was hurt or killed.
If you're facing a DUI and looking to reduce the charge, you'll need an attorney. If you qualify financially, you should have access to a public defender. However, if you have the financial means, you will have to hire your own DUI defense lawyer.