Can DUI Charges Be Dropped Or Reduced?

Yes, if the case has some defects from the prosecution’s standpoint, such as they did not have the chemist who did the test, the blood alcohol level was tested more than two hours after the arrest, the officer did not see the person driving, there was a missing witness or the client was home or someplace else when they drank more. In this situation, even though their blood alcohol level was over the limit it would be difficult to prove what the BAC was at the time of driving. In these cases, we are often able to resolve the case so it ends up as reckless driving instead of DUI.

Charges Or Punishments Can Be Reduced In DUI Cases Under Certain Circumstances

There is actually no hard and fast rule, but it seems that between 60% and 75% of my clients end up with their charges being reduced to reckless driving. Potential clients ask me about this all the time, and I tell them what I think their issues are, i. e. that the officer did not see them drive so they could not place them behind the wheel, their blood alcohol level
was taken over two hours after they were driving so the police did the test improperly and therefore they did not have probable cause to arrest them. This is just my opinion which may or may not be shared by the judge. Clients often ask me if I could guarantee them a reckless driving charge and I tell them that firstly under the cannons of ethics of a lawyer I could not guarantee a result. However, I have had success with their situation.

There is another favorable disposition we get for clients when they are charged with a second time DUI. Under the law the penalties include installing a breath interlock device in their car. They must blow into it prior to driving or the car will not start. If there is any alcohol in their system, the car will not start. And they would need to spend at least 10 days in jail.

We plead to a second time DUI for enhancements, but it would be a first for penalties. This means they would not have to do the 10 days in jail, only 2 days or 48 hours community service. Usually we can get the community service waived. They would not need to install the breath interlock device, or do the ten days, but it would be a second for enhancement.

This means that if the client was convicted of another DUI and it was the third time within seven years, then the DUI conviction that was the first for penalties would be a second time DUI conviction for purposes of enhancement, and the person would therefore be looking at a felony.

It is the luck of the draw, because I can sometimes go through two weeks in which every case I handle will be a reckless driving. But sometimes two weeks will go by and I cannot get any of them reduced to a reckless driving. It is impossible to predict because each case is different.

Plea Bargains In A DUI Case

The offer by the DA usually is not that great during the first trial setting, so we would typically continue it. Sometimes the offer would not get better, but many times it does. The DA may give a more favorable offer if something happened that weakens his case, i.e. witness moved away, a chemical technician moved away or died, and in that case the offer gets better and our client pleads to a stay of adjudication. When the case is finished, they would end up with a reckless driving conviction as opposed to a DUI.

Stayed Adjudications

We like this result but the case will certainly end up as a reckless driving charge, if the client did what he was supposed to do. There is an expression ‘The key to the jailhouse is in your hand.” Usually if the client does not complete all of the requirements in addition to a DUI conviction, they usually would spend some time in jail. But the client himself determines whether he goes to jail or not. This is called a “Stay of Adjudication”, and it works by the client pleading guilty to DUI, but the DUI would not be entered, so in a way it would be floating out there in cyberspace. Anybody who tried to look for it would see that the person had been charged with DUI, but they would not be able to see whether they had been convicted.

The client would typically need to fulfill the requirements for a first time DUI, meaning they would have to go to DUI School and attend a victim impact panel (VIP), pay a fine and stay out of trouble (no further arrests).

The victim impact panel is essentially a seminar in which people talk about how they had been adversely affected by a DUI. Victims would tell stories about how they got a back injury because they were rearended by a drunk driver, so they ended up having to go to therapy for six months etc. It is mandatory to attend the victim impact panel, and you must be physically present. Unlike the DUI School, you cannot do the VIP online.

Nowadays computers have become very sophisticated, and a recent development has enabled DUI school classes to be completed online. A fine would be imposed, and a first time DUI would cost somewhere between $580 to $1,175. The stay out of trouble component would require the person to stay out of trouble during the probation. No further arrests and no additional criminal violations. There couldn’t be any arrests for DUI or anything else. It would be okay if the person was cited with a minor traffic ticket. Usually the court will impose a suspended sentence for around 30 days, but there would be no jail time as long as the person did everything, although they would usually need to spend 6 months in in custody
if they were arrested for another DUI.

Ignition Interlock Device

A breath interlock device would be installed in the car. The person who was driving must breathe into it to make sure there was no alcohol in their system prior to drving. If there is, the car would not start. This device is also expensive to install, it is actually a huge hassle.

Lipp Law LLC

2580 Sorrel St, Las Vegas, NV 89146

(702) 745-4700

FAQs: Can DUI Charges Be Dropped Or Reduced?

1. What factors might impact whether DUI charges are reduced?

    Factors such as procedural issues, timing of evidence collection, and witness availability can influence whether a DUI charge may be reduced.

2. Can a DUI charge be changed to a lesser offense?

    Depending on the case specifics and available defenses, a DUI charge may sometimes be resolved as a reckless driving charge.

3. What penalties might someone face for a second DUI offense?

    For a second DUI offense, penalties may include community service, a potential jail sentence, and an ignition interlock device requirement.

4. What is an ignition interlock device, and when is it required?

    This device requires drivers to pass a breath test before starting their vehicle, often mandated for repeat DUI offenses to prevent impaired driving.

5. What does a plea bargain entail in DUI cases?

    A plea bargain may allow the defendant to plead to a lesser charge or negotiate sentencing terms. It typically involves negotiation with the district attorney.

6. What is a ‘Stay of Adjudication’ in a DUI case?

    This process involves pleading guilty to a DUI charge, but the conviction is withheld as long as specific court requirements are completed, potentially leading to a lesser record.

7. What is DUI School, and is it mandatory for first-time offenders?

    DUI School is an educational program focused on the dangers of impaired driving and is usually a mandatory requirement for first-time offenders.

8. What is a Victim Impact Panel, and why is it required?

    A Victim Impact Panel is a session where DUI offenders hear stories from victims affected by impaired driving, aiming to increase awareness and prevent future offenses.

9. What are the typical costs of a first-time DUI conviction?

    Costs can range from fines to fees for DUI School, ignition interlock installation, and other administrative penalties, totaling between $580 and $1,175.

10. How long do probationary requirements last for DUI offenders?

     Probationary requirements often include staying out of legal trouble for a set period and fulfilling court-mandated classes, fines, and other obligations.