Charge Reductions

Even if it’s not possible to defeat a criminal charge outright, we may still be able to reduce the impact by getting the charge reduced to a less serious one.  How you get from a DUI charge to one of the options listed below is typically accomplished in one of two ways:  First, by negotiating with the prosecuting attorney and Second, through the generous use of motions (written legal arguments on why parts of the State’s case should be suppressed).  Here are some of the possible ways to reduce a DUI:

1.  Breath Test Levels Under .15.  If you have a high breath test level (.150 or higher), you will be subjected to more serious penalties than if you had a BAC level less than .150.  Often getting the Prosecutor to agree not to offer the breath test ticket can result in significant reductions in Jail, Fines, and License Suspension.  For example: a second DUI in seven years with a BAC >= .150 has a mandatory minimum of 45 days in jail, 90 days of Electronic Home Monitoring (EHM), and 900 days license revocation.  By not offering the BAC ticket, the Defendant would save: 15 days jail, 30 days EHM and 170 days of license suspension.

2.  Reckless Driving.  Reckless Driving is a serious crime, but less so than DUI.  The biggest advantages that a Reckless Driving charge has over a DUI are:

First, Driver’s License loss of 30 days as opposed to 90 for a DUI charge with no priors and a low BAC level;

Second, the maximum probationary period is two years – as opposed to a DUI where the Court can have up to five years.

3.  Negligent Driving 1^st degree.  This is still a crime but much less serious than DUI.

First, the maximum sentence is 90 days in jail as opposed to 365 for a DUI

Second, the maximum probationary period is two years as opposed to five for DUI

Third, there is no license suspension for conviction of Negligent Driving First Degree.

4.  Infractions.  It is possible to reduce a DUI charge down to an infraction.  However, by the time you have forced a prosecutor to reduce the case this far, most will simply let it go with a dismissal.

Things you can do to help:

1.  Alcohol/Drug Evaluation.  Get an alcohol evaluation (or in the case of a DUI based on drug use, a Drug Evaluation).  However, when you get the evaluation, the treatment agency will ask you to sign a generalized release saying they can release the results to anyone they please.  DO NOT SIGN THIS, rather release the results only to your lawyer.  That way, if we need a second opinion, we have the freedom to get one.  Having an evaluation saying that you have no significant problems with alcohol (or drugs) can be a real asset when it comes time to negotiate with the prosecutor.

2.  Talk with an Attorney as soon as you can after being charged.  A lawyer will be able to outline what steps they want you to take, such as: Creating a list of witnesses - both before and after arrest; whether or not to seek an additional blood test, etc.