Can I get my DUI charge lowered? 1 Answers as of August 03, 2011

I was arrested last night for DUI and open container violations. During my field sobriety test I passed and I blew a .088. I am 23 years old with no prior convictions. I have never been involved in an alcohol conviction prior to this point and was wondering if I would be able to give me any information on making a plea bargain for a wet and reckless charge rather than pleading guilty. I was not pulled over and was confronted by the officer after I got out of my car. He asked me I had been drinking and I informed him that I had earlier. He stated that he was following me because he thought that I was involved in a group of people that had run from the police earlier that night. I was not and had been at a party. I was very cooperative and gave the officer no hard time during the interview and also during the transmit to the station. I am wondering if there is anything that I can do about this charge or if I have a possibility in having my charges reduced.

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Michael Edwards, Attorney at Law
Michael Edwards, Attorney at Law | Michael Edwards
The facts of your case lead me to think that you should be able to get the charge reduced. In fact, there may even be grounds to get the charge dismissed, if the officer did not have reasonable suspicion of criminal activity, when he started this DUI investigation. I would recommend that you consult with an attorney who is knowledgeable about DUIs immediately, and get advice about how to proceed with your case. You need to understand that there are two separate proceedings that you need to go through when you are arrested for a DUI. The first is the administrative proceeding for the status of your driver license. You only have 10 days from the date of your arrest to request that hearing in writing. If you fail to do so, your right to contest the suspension of your driver license for this arrest is forever lost. Since you have no prior arrests or convictions, and did not refuse the breath test, you will lose your driver license for 120 days, if you do not request the driver license hearing. I have much more information on this subject in a blog I wrote, which can be seen
Answer Applies to: Utah
Replied: 8/3/2011
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