How often does a DUI get reduced? 58 Answers as of June 26, 2013

I got a DUI and I was wondering if I could get this reduced to negligence. Is it possible? What should I do to argue this? I am asking for my brother.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
What happens to a DUI in court is dependent on the facts of the incident. If the district attorney feels that his case is weak he may reduce it or dismiss it. However, it all depends on the facts. Have him contact me with the facts and I will tell him if he has a chance to get it reduced.
Answer Applies to: California
Replied: 8/25/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
I am unable to answer this question as each case is prosecuted and evaluated on its own set of facts. Your case will be judged likewise. You should consult with an experienced DUI attorney.
Answer Applies to: Kansas
Replied: 8/25/2011
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
It can happen, but depends on MANY factors. Without reviewing the facts of YOUR case, I cannot say. Your brother needs to consult with an attorney practicing in this area of the law.
Answer Applies to: Washington
Replied: 8/25/2011
Law Office of Michael Morgan, l.L.C.
Law Office of Michael Morgan, l.L.C. | Michael Morgan
Unless you are a lawyer, you can't negotiate this case for your brother. DUIs are very complicated cases and I think a free initial consultation with a lawyer is the first step.
Answer Applies to: Washington
Replied: 8/24/2011
Russman Law
Russman Law | Ryan Russman
The frequency of DWIs being reduced if not necessarily quantifiable to a specific number or percentage. The outcome of most cases is contingent on the quality of representation in the facts that the lawyer must overcome. The best way to obtain the most optimal outcome is to obtain counsel and had been assist you with navigating the legal justice system.
Answer Applies to: New Hampshire
Replied: 8/24/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no lesser included offense to driving under the influence.
    Answer Applies to: Alabama
    Replied: 8/24/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Almost all county prosecutors offers some sort of plea deals for DUIs. If may not be the one you want, but one is usually offered in order to avoid the time and cost of trial. By negligence do you mean negligent driving? In Michigan, there is reckless driving (which covers the same amount of points as a DUI but much less in terms of fines, costs, driver's license sanctions) and careless driving which is a civil infraction. Impaired Driving is also a frequent bargaining tool for DUIs. Consult with and consider retaining an experienced DUI attorney before agreeing to anything. At least have one review the report for any errors that could get the charges dismissed or reduced. A good DUI attorney will more than pay for himself.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If there is a reduction in th charge it is due to the facts and the attorney that you have. Get a good lawyer.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Negotiating with the DA about any crime is highly fact dependent. Based on the sketchy information here, it's hard to say. The higher the BAC the less likely to plead down. It depends on the driving. It depends on other factors.
    Answer Applies to: California
    Replied: 8/23/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, which is the state where I practice, it is difficult and very rare to get this offense reduced to reckless driving. It is never reduced to negligent driving. If the evidence is weak, that is, a low breath test result, and some issues arise regarding the officer's observations of you at the time of the stop, this would improve your chance of getting the charge reduced, however, in Illinois, there is an order called supervision, which would benefit you well.
    Answer Applies to: Illinois
    Replied: 8/23/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- A DUI can get reduced to a DWAI if the test result was well below a .15. If the test result is below .10, sometimes the charged can be reduced to reckless driving if there is other mitigation in the case.
    Answer Applies to: Colorado
    Replied: 8/23/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Hire a lawyer. Obviously, neither you nor your brother know enough about the drawbacks and ins and outs of the judicial system to do this yourself.
    Answer Applies to: Michigan
    Replied: 8/23/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It is extremely rare for an OUI/DUI charge to be reduced. Many other charges are reduced down regularly. For example, Larceny Over $250 (Felony) is often reduced to Larceny Under $250 (misdemeanor) or Assault & Battery (A&B) with a Dangerous Weapon (felony) is often reduced to straight A&B (misdemeanor). However, DUI or OUI (which is the acronym in MA) is almost NEVER reduced to anything. There is far too much political pressure from the general public and far too much public scrutiny for any DA to reduce this charge. In my 13 years of practice I believe I have had this reduced once. That only happened because the case was sufficiently weak that the state thought they may lose, but it was sufficiently strong that they would not dismiss it and my client was too risk averse to take the case to trial as I recommended. It is an extremely rare set of circumstance to occur. Hire a good OUI attorney and follow their advice.
    Answer Applies to: Massachusetts
    Replied: 8/23/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon , there is a statute that prohibits the state from "plea bargaining" or otherwise reducing a DUII. So even if you were charged with DUII and Aggravated Murder, the state could reduce the murder charge to something else but not the DUII charge. You would have to plead to the DUI. The answer to your question would be, never.
    Answer Applies to: Oregon
    Replied: 8/23/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Have your brother hire an attorney to defend him.
    Answer Applies to: Michigan
    Replied: 8/23/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    D.A.s are very tough on DUIs. It won't be reduced unless the D.A. can't prove B/A over .08 or he can't prove your brother was driving.
    Answer Applies to: California
    Replied: 8/23/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Every case is like a snowflake. Some cases get reduced and other do not. It is important to have an attorney review the case for defenses and strategies.
    Answer Applies to: Minnesota
    Replied: 8/23/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to determine if you have a good chance of getting the charged reduced. You should hire an attorney and disclose all facts.
    Answer Applies to: New York
    Replied: 8/23/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Every case is different. Usually they are reduced because of a low blood alcohol level. Sometimes a good attorney finds some problem with the DA's case causing them to offer a deal.
    Answer Applies to: California
    Replied: 8/23/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Typically, it depends on what the chemical test result are. If the test results are over a given number, the prosecutor will generally not offer any reduction in charges. If they are below that number, the prosecutor may offer an impaired driving. It is entirely up to the prosecuting attorney as to whether a plea bargain will be offered. An attorney may be able to review the matter and make some suggestions as other possible defenses.
    Answer Applies to: Michigan
    Replied: 8/23/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    It happens all the time, based on clean driving record, low BAC, etc.
    Answer Applies to: Washington
    Replied: 8/23/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    There are a lot of factors. Is this a first offense? Was there an accident? How strong is the case against you? What court are you in? Who is the D.A. or Assistant D.A. handling the case? Does the D.A. offer pretrial diversion for first offenders? You should contact a lawyer.
    Answer Applies to: Louisiana
    Replied: 8/23/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    It is possible, but it just depends on the facts, why he was stopped, if he took the breath test and what he blew, etc. You should probably hire a lawyer to help.
    Answer Applies to: Kentucky
    Replied: 8/23/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    There's no sub crime as negligence, generally DUI charges are not easily reduceable depending on the blood alcohol content at the time of testing, and if there was no testing it may be even harder to reduce.
    Answer Applies to: New York
    Replied: 8/23/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It depends on the facts of the case. You can't argue for your brother. He needs to hire a lawyer to do so.
    Answer Applies to: Georgia
    Replied: 8/23/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    The best way to get a charge reduced is have a dwi lawyer that knows how to try a case and win. Prosecutor is more likely to reduce if they know lawyer willing and ready to go to trial. NH law actually prohibits reductions, but they do happen. It usually takes a good reason or defense. Most DWI lawyers will meet with a client for free.
    Answer Applies to: New Hampshire
    Replied: 8/23/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    A DUI would never be reduced down to negligence in Massachusetts. If your brother is charged with a DUI he needs to either hire a private attorney or the court will appoint an attorney for him. At that point, your brother can discuss with an attorney whether he has a case that is triable i.e. a good case to put to a jury or should he accept a first offender's disposition. Your brother needs to have an attorney analyze the police report before he can make any decisions.
    Answer Applies to: Massachusetts
    Replied: 8/23/2011
    Law Offices of John J. Connors, Esq.
    Law Offices of John J. Connors, Esq. | John J. Connors, Esq.
    In Massachusetts you will not see a DUI (OUI in Mass.) reduced unless there are blatant problems with the field test and breath machine. The state takes operation under the influence seriously. You need a lawyer who can analyze your case, find out about breath machine and machine operator certifications, check the results, and review the procedures for the field sobriety tests. Any conviction is serious in that it could affect your future as far as jobs and promotions are concerned. A conviction stays on your record for life.
    Answer Applies to: Massachusetts
    Replied: 8/23/2011
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    Under New Mexico law, a person charged with a DUI/ DWI cannot plea bargain for a conviction of "wet reckless driving". What you're referring to is a type of plea bargain offered by the State (i.e. the prosecutor) which typically states that the prosecutor will agree to "plead down" a DUI/DWI criminal charge to the less serious criminal charge informally called "wet reckless driving" (reckless driving involving alcohol) "IF" the defendant agrees to plead guilty to the latter. This type of plea bargain may be an option for drunk driving defendants in some states; however, such agreements are barred by New Mexico law. You should immediately consult with a licensed and experienced New Mexico DUI/ DWI lawyer before making any statements or engaging in negotiations with counsel for the State.
    Answer Applies to: New Mexico
    Replied: 8/23/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you have a first offense with a BAC under .13 you will be able to plead to a Driving While Impaired. You should retain a criminal attorney who has 20 or more years experience to handle the case.
    Answer Applies to: New York
    Replied: 8/23/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    Many times a DUI charged may be reduced as part of a plea bargain. The nature and seriousness of the offense and whether there have been any prior DUI charges are generally considered in deciding to plea bargain a case.
    Answer Applies to: District of Columbia
    Replied: 8/23/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry I presume that you are an attorney, otherwise, you cannot represent your brother. Alternatively, if you are trying to go this alone without an attorney, this is the wrong thing to do I cannot begin to explain all of what is considered in a DUI, and I cannot begin to discuss the numerous possibilities which result in a plea, trial, or reduction in the charges. My best advice to you is to hire an attorney to review the case and come up with a strategy which will best get your brother to the result which he can be satisfied with. Without an attorney, your brother is at the mercy of uninformed advice and inexperienced recommendations which could adversely impact his record and driving privileges, not to mention, create a possibility of jail time. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/23/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    It doesn't hurt to ask. But an attorney may get the answer you want where you can't. It just depends on the facts of the case.
    Answer Applies to: Washington
    Replied: 8/23/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    What do you mean by negligence? If it is a DUI, then it already a Class C. He needs a lawyer.
    Answer Applies to: Texas
    Replied: 8/23/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    No DUI's do not get reduced to "negligence". Your brother needs to hire an attorney.
    Answer Applies to: Missouri
    Replied: 8/23/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Most prosecutors will offer to reduce a first DUI to negligent driving if the BAC is below .15.
    Answer Applies to: Washington
    Replied: 8/22/2011
    Law Office of Robert Sisson | Robert Sisson
    Depending on your circumstances, and treatment initiatives, it is possible that charges can be reduced. However typically it is not something that a person can negotiate on their own. See the advice of a professional lawyer.
    Answer Applies to: Wisconsin
    Replied: 8/22/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    Some courts may offer a reduced plea offer of reckless operation if the evidence is insufficient to prove a DWI violation beyond a reasonable doubt.
    Answer Applies to: Louisiana
    Replied: 8/22/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    There is no such thing as a reduction called "negligence." Reckless driving maybe? The frequency depends on the skill of your attorney. Lawyers who just take your money to plead guilty do nothing for you and chance of a reduction is minimal. You need to find a DUI specialist who will personally represent you in court and make multiple appearances without charging an arm and a leg.
    Answer Applies to: California
    Replied: 8/22/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    "Negligence" is not a plea in a criminal case.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Almost never. If he qualifies and does the diversion program, he can get the charge dismissed. But DUI isn't eligible for ordinary plea-bargaining; there's a statute forbidding it.
    Answer Applies to: Oregon
    Replied: 8/22/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Your brother needs a lawyer. Charges are frequently reduced but he needs a lawyer to talk to the prosecutor for him.
    Answer Applies to: New York
    Replied: 8/22/2011
    Srai Law Office
    Srai Law Office | Gurjit Singh Srai, Esq.
    DUI cases can be reduced to lesser charges such as wet reckless or dry reckless. In some cases, depending on the facts an attorney can get a client two movers instead of a DUI. You need to hire a knowledgeable DUI attorney to handle your brother's case.
    Answer Applies to: California
    Replied: 8/22/2011
    Law Office of Casey Bryant, P.A. | Casey Bryant
    When a DUI gets reduced it typically gets reduced to reckless driving. There are two arguments for a reckless driving, 1) proof issue and 2)equitable. A prof issue deals with the prosecutions inability to submit proof beyond any and all reasonable doubt. An equitable break down occurs when an arrestee has a limited record or prior humanitarian deeds.
    Answer Applies to: Florida
    Replied: 8/22/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You cannot get a DUI reduced to negligence. If it is his first DUI and he has a generally good record and if his BA is low enough like .09, you may be able to get it reduced to what is called a "wet reckless" which costs about half of what a DUI costs in terms of school and fines. However, to get this done you will need an attorney. If the BA is 1.0 or above you are not going to get a wet reckless.
    Answer Applies to: California
    Replied: 8/22/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The answer to that question depends entirely on the facts of the case. Most of the time, any DUI with a BAC over .09 will not be reduced absent some compelling reason. Your brother's best bet would be to consult an attorney who has experience with defending DUI.
    Answer Applies to: Washington
    Replied: 8/22/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    A DUI could be dismissed or dropped to a "wet and reckless" driving. This keeps a DUI off your record but your license will still be suspended.
    Answer Applies to: California
    Replied: 8/22/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Seldom. Ca the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. By the way, there is no such crime as negligence. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 8/22/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You should consult a lawyer, present the facts + police report to him or her + see what they recommend. DUI often gets reduced to DWAI a lesser offense. But I am not clear about 'negligence' or what you mean by that.
    Answer Applies to: Colorado
    Replied: 8/22/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    DUI usually get reduced to a careless driving charge if the test reading is close to the legal limit or if there are other issues which may be problematic for the State, at least in most MN counties.
    Answer Applies to: Minnesota
    Replied: 8/22/2011
    Ramsell & Associates LLC
    Ramsell & Associates LLC | Donald Ramsell
    A DUI is occasionally reduced when an attorney presents legitimate reasons for a reduction to a willing prosecutor. This is the art of advocacy. It is not something that can be taught to a layperson as such.
    Answer Applies to: Illinois
    Replied: 8/22/2011
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    DUI charges often get reduced to lesser offenses. An experienced DUI Attorney would be able to completely investigate your case and negotiate with the Prosecution. You should probably have your brother consult with a DUI Attorney to get a better idea of what his options might be and what to expect. Good luck.
    Answer Applies to: Washington
    Replied: 8/22/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Many DUIs get reduced but it depends on the facts of the case, the results of the breath test and prior record, if any. Your brother needs an experienced DUI attorney.
    Answer Applies to: Washington
    Replied: 8/22/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Oregon has a statute that prohibits reducing DUI. It is either plead, tried or dismissed.
    Answer Applies to: Oregon
    Replied: 8/22/2011
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    It is often difficult to get a DUI reduced to an Inattentive Driving or Reckless Driving. If there is a weakness in the States case, or other extenuating circumstances, it is a possibility. But most prosecutors want the DUI conviction in case your brother gets another DUI in the next five to ten years, as the penalties for subsequent DUIs are much more severe.
    Answer Applies to: Idaho
    Replied: 9/20/2012
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    There is no such "reduction" to negligence. In California if you retain an experienced DUI defense law firm like Wallin and Klarich we often are able to have DUI prosecutions reduced to "wet reckless" "dry reckless", moving violations or in some cases even dropped completely. You will be up against a prosecutor and you have no legal training so you need to meet with a DUI defense law firm now.
    Answer Applies to: California
    Replied: 8/22/2011
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