Can a DUI Charge Be Reduced to a Lesser Offense in California?

In California, a DUI (Driving Under the Influence) is a serious legal offense that can be accompanied by many potential long-term consequences. Many people wonder whether a DUI charge can be reduced to a lesser offense. The answer is yes, under certain conditions, a DUI charge can be reduced or negotiated down to a lesser offense. For more information on your legal options work with an experienced Tehama County DUI lawyer.

What is a DUI?

In California and across the country, it is illegal to operate a motor vehicle with a blood alcohol content of 0.08% or higher or to drive under the influence of drugs. For individuals under 21, it is illegal to drive with a BAC of 0.01%, and for commercial vehicle drivers, it is illegal to drive with a BAC of 0.04% or higher.

Can My DUI Charge Be Reduced to a Lesser Offense?

It is possible for a DUI charge to be reduced to a lesser offense under certain circumstances. Through a plea bargain and help from an attorney, you may be able to get one of the following reductions.

1. Wet reckless driving: A wet reckless charge is a charge that a DUI can be reduced to at the prosecution’s discretion. The offense is charged as reckless driving where alcohol was involved.
2. Dry reckless driving: If you were arrested for a DUI but had a blood alcohol content of less than 0.08% you could be charged with a dry reckless driving offense. Wet reckless driving will count against you if you are arrested for a DUI within the next 10 years, but dry reckless driving will not as it does not involve alcohol.

What Are the Penalties for a Lesser Sentence?

Although you will still face various legal consequences for a wet or dry reckless driving charge, it will only be a fraction of what you may have been subjected to for a DUI charge. Consider the following.

Wet reckless driving:

• Up to 90 days in jail
• Fines of $145 to $1,000
• 2 points added to your driving record
• Probation
• Mandatory drunk driving classes
• Priorable offense

Dry reckless driving:

• Up to 90 days in jail
• Fines of $145 to $1,000
• 2 points added to your driving record
• Probation

How Can I Get My Charges Reduced?

There are a few ways that your charges can be reduced. First of all, the prosecutor may offer a plea bargain where you agree to plead guilty in exchange for a lower charge like reckless driving. This is often done for first-time offenders.

You can also have your charges reduced by working with your attorney to create an effective defensive strategy. You could argue that the traffic stop was unlawful, the breathalyzer results were tampered with, the arresting officer was not trained to administer sobriety tests, and more.

With the help of an experienced lawyer, you may be able to have your charges reduced. Contact Cohen Criminal Law to set up a consultation today.