What can I do to have my DUI reduced? 60 Answers as of July 03, 2013

I blew a 0.179 on the test, is there any possible way to get my drunk driving charge reduced?

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The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
Starting with a DUI and a BAC of 0.179 is a tough place to begin. However, every case must be treated the same way and if there are legitimate legal defenses to the stop of your vehicle, the arrest of you or your breath test, then you have a legitimate opportunity to have the DUI reduced. Remember, every police officer makes mistakes so the key is to find those mistakes and hope the mistake you find is substantive. I cannot emphasize enough the importance of getting a good DUI attorney - they are trained to look for and take advantage of police officer mistakes.
Answer Applies to: Washington
Replied: 11/18/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Not likely unless your arrest was arguably illegal or the machine was in error.
Answer Applies to: California
Replied: 11/10/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
With a .179 (over double the legal limit!!!). Your only chance is to challenge and prove the stop was illegal and therefore the arrest illegal and the breathe test is excludable. Otherwise, you have to prove the Analyzer was wrong - good luck with that, though it has been done.
Answer Applies to: Texas
Replied: 11/9/2011
Law Office of Hieu Vu
Law Office of Hieu Vu | Hieu N Vu
The facts of your case dictates the answer to this question. The states position will be affected on this. Only crappy attorneys go off only the numbers. A competent attorney will start combing over the facts looking for any facts to exploit to your advantage. There are many things which can go wrong in a DUI investigation. Calibration logs may show a bad machine, officers will make mistakes, your driving and drinking pattern may give rise to a rising defense. There should be numbers here to play with.
Answer Applies to: California
Replied: 11/8/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Absolutely. I would need more facts to evaluate your case, however, it is not rare for DUI charges to be reduced or dismissed.
Answer Applies to: California
Replied: 11/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Any defense for a criminal charge, and particularly a DWI, requires a review of the evidence. A strong defense often can result in a reduction of charges and even dismissals. However, only after a thorough evaluation of the facts can an assessment be made. There is also a separate civil proceeding which results in your license revocation. To challenge the revocation requires that you file a Petition seeking judicial review within 30 days. If you do not do so you will be unable to challenge the revocation and for all intens and purposes, you will have an alcohol related driving offense on your record.
    Answer Applies to: Minnesota
    Replied: 11/7/2011
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Many prosecutors around the state base their decision on whether or not to reduce a DUI charge on the BAC. Given the fact that your have a BAC of .179 and are charged with an Aggravated DUI, it would be very hard to have your case result in a non-DUI disposition. Depending upon which county you are in, it may be possible to have your aggravated DUI reduced to a non-aggravated offense, and they may potentially allow you to participate in the DUI deferral program. I am not saying it is impossible to have your charge reduced, I have had many reduced over the years. But it would be very difficult and largely depend upon which county you were arrested in.
    Answer Applies to: West Virginia
    Replied: 11/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Not with an alcohol concentration that high.
    Answer Applies to: Kansas
    Replied: 7/3/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no lesser included offense on a DUI. If your BAC was .179 you were more than twice over the legal limit.
    Answer Applies to: Alabama
    Replied: 11/7/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It depends on the facts of your case. There are many defenses to a DUI case.
    Answer Applies to: Minnesota
    Replied: 7/3/2013
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Since your BAC was a 0.17 or above, you could be charged under the super drunk statute. The prosecutor, at pre-trial, may be willing to reduce it to OWI first. You should consult an attorney for further advise.
    Answer Applies to: Michigan
    Replied: 11/7/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Get a lawyer and maybe they can get it reduced to impaired if the facts allow it.
    Answer Applies to: Michigan
    Replied: 11/7/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    Based on the information that you provided if you do not have any prior DUI arrests and/or convictions I believe you should explore the possible attending a DUI diversion school with a dismissal of the DUI charge after successful completion of the program. I you have an attorney you should discuss it with him or her and if you do not the local prosecutor's office may the place to start your inquiry.
    Answer Applies to: District of Columbia
    Replied: 11/7/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    You should consult an attorney. Sometimes facts other than the blood alcohol level can lead to a reduction in the charge. Some examples include issues concerning the stop of the vehicle, issues concerning the test itself, etc. I have had cases with similar or even higher levels result in a reduction/dismissal of the charge(s), depending upon the specifics of the case.
    Answer Applies to: California
    Replied: 11/7/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    This is a fairly high breath approximation. You should contact a qualified DUI attorney today.
    Answer Applies to: Michigan
    Replied: 11/7/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Perhaps, but you will likely need a good lawyer to do this. Often, for a first DUI (over .15), the prosecutor will offer a reduction to a DUI under .15, or even negligent driving in the first degree.
    Answer Applies to: Washington
    Replied: 11/7/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Extremely unlikely. There is an enhancement for BAC of .15% or higher.
    Answer Applies to: California
    Replied: 11/7/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    A reduction to a wet or dry reckless depends on the totality of the circumstances of the case: whether it's your first offense, the reason you were stopped, whether there are any arguments to be made on the taking of the breath sample, etc. Generally, a .17 would not be eligible for a wet reckless but a good DUI attorney will be able to advise you better once s/he has the police report.
    Answer Applies to: California
    Replied: 11/7/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    There is no plea bargaining on a DWI charge in New Jersey . The only thing that can be done is to thoroughly review the evidence to see if the police somehow made a mistake and then try and beat the charge that way. If everything was done correctly by the police the only thing that can be done is to try and minimize the penalties you are facing within the bounds of the DWI law.
    Answer Applies to: New Jersey
    Replied: 11/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a good criminal lawyer to handle the case. You blew more than twice the .08 legal limit and well over the .13 threshold for the prosecutor to offer a plea to Driving While Impaired. You will have to go to trial and you might be convicted of a DWI. If it is your first offense your license will be suspended for 6 months and you will pay a $750 fine. Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. It would have been much smarter and way cheaper to take a taxi or use Designated Driver, a service that drives you home in your own car for a fee.
    Answer Applies to: New York
    Replied: 11/7/2011
    Kenneth M. Hallum, Attorney at Law
    Kenneth M. Hallum, Attorney at Law | Kenneth M. Hallum
    Yes there is always the chance for a reduction. Much will depend on the facts, such as driving, field sobriety tests, prior history, and the integrity of the .179%.
    Answer Applies to: California
    Replied: 11/7/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    More than likely, they will give you a lesser offense such as Operating a Vehicle While Impaired, especially if it is your first offense. Most of the time. However, from your description you may be charged with the new "super drunk" which means heightened penalties. You need to have an experienced DUI attorney represent you or at the very least review the report and evidence for any errors that could get the charges reduced or dismissed. A good DUI attorney will more than pay for himself in what he can save you.
    Answer Applies to: Michigan
    Replied: 11/5/2011
    Epstein & Conroy
    Epstein & Conroy | David B. Epstein
    The reading you mentioned is just a hair below the cut-off for being legally intoxicated. Therefore, it seems that you should have the opportunity to plea (assuming your willing to wive your right to a jury) to a lesser charge of driving while impaired, which is not a crime but a traffic infraction.
    Answer Applies to: New York
    Replied: 11/5/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    You need to talk to a lawyer about ways to mitigate your situation and what possibilities exist for a trial or plea agreement.
    Answer Applies to: Maryland
    Replied: 11/5/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Not based on the .179 which is twice the legal limit. There may be some other fact that could get you a dismissal, like a bad stop. If you can't take the DUI, you'll probably need to take it to trial and see if you can beat it at trial.
    Answer Applies to: California
    Replied: 11/5/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Anything is possible but I think you are asking for a miracle. You blew over twice the presumptive minimum for DUI. You can hire a good defense lawyer, who at least can ask the prosecutor for a reducer but don't hold your breath waiting for something like a reducer to happen.
    Answer Applies to: Illinois
    Replied: 11/5/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes but you'll need a lawyer. You need a criminal attorney. An attorney can spot weaknesses in the case that you would never see and knows how to navigate the system and comply with all procedures. Also, the prosecutor will probably not speak with you directly so no plea bargaining will happen unless you have a lawyer.
    Answer Applies to: New York
    Replied: 11/5/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    .179 is double the legal limit. You are going to have an exceedingly difficult time getting any reduction in the charge UNLESS there is something wrong with the evidence. You need to hire an attorney. A conviction of DUI for the level you blew carries with it substantial penalties: jail time, large fines, alcohol treatment, loss of license,
    Answer Applies to: Washington
    Replied: 11/4/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Yes but only in rare cases. Can they prove you were driving? Did they wait a year to charge you? these are some of the possible defenses. They only apply in a very few cases
    Answer Applies to: California
    Replied: 11/4/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Without knowing all of the details, it is hard to say. Many times counsel can reduce the charges to a reckless driving depending on a variety of factors with your case.
    Answer Applies to: Nevada
    Replied: 7/3/2013
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Many prosecutors in the metro area will reduce a DUI to a DWAI if the BAC is below .17. If its your first, you may still get that reduction, but it would take a little work. An attorney may help.
    Answer Applies to: Colorado
    Replied: 11/4/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    An arrest does not entitle anyone to any benefits. So, you need to check with social services or DFACS to find out if anyone is entitled to food stamps or Section 8 or other government assistance.
    Answer Applies to: Georgia
    Replied: 11/4/2011
    Law Offices of Kenrick Young
    Law Offices of Kenrick Young | Nicholas Lazzarini
    Generally, DUI defense comes down to three questions: Were you the Driver, Was there Probable Cause for the Stop, Was your Blood Alcohol Content over .08? An experienced attorney can review the police report and other evidence in your case and try to get the charges reduced from a DUI to reckless driving charge.
    Answer Applies to: California
    Replied: 11/4/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    It is possible, though not likely. I would need to know more about the facts of your case to give you a full opinion. I recommend that you consult with a good defense attorney right away, to get a full opinion on your case. And, if it has been less than 10 days since you got arrested, go to the driver license division and request a driver license hearing in writing, so you preserve that right.
    Answer Applies to: Utah
    Replied: 11/4/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    That is a very high result. Dismissal or reduction is not likely unless you can discredit the test result.
    Answer Applies to: Texas
    Replied: 11/4/2011
    Davis & LaScola, Ltd.
    Davis & LaScola, Ltd. | Martin S. LaScola
    The likelihood of getting a DUI reduced depends upon where the case is pending, who is prosecuting the charge (village prosecutor or State's attorney),and what your DUI/traffic/criminal history is. In some counties, accomplishing the reducer is easier. However, with a BAC that is over twice the legal limit, the task will be difficult - but certainly not insurmountable depending upon the prosecuting agency.
    Answer Applies to: Illinois
    Replied: 11/4/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes. If you are a first offender, a plea could certainly be in order.
    Answer Applies to: Michigan
    Replied: 11/4/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    There might be a way to get it reduced or contest the charge if the officer made some kind of mistake, if there was a problem with the breath test, or something else. You need to talk to a good DUI lawyer that will know what to look for.
    Answer Applies to: Georgia
    Replied: 11/4/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    Reductions are done at the whim of the prosecutor due to an offer. These offers are made for various reasons. Typically, it is a result of both sides understanding the legal arguments that would be made at trial as well as the possible factual arguments, and even pleas for sympathy/understanding (e.g. where someone did one bad driving act for the first time in 50 years and has no alcohol problems, and raises 5 orphans, and cares for dying parent, etc etc.). Understand that sometimes various pieces of evidence are suppressible and a case has no chance of proceeding. These are difficult arguments to make and require extensive expertise in Constitutional law of Washington and the United States as well as rules of evidence, and the procedures governing DUI testing.
    Answer Applies to: Washington
    Replied: 11/4/2011
    Wilson Lafaurie Attorney at Law
    Wilson Lafaurie Attorney at Law | Wilson Lafaurie
    The fact that the police officer that administered the breathalyzer test indicated that the result was a 0.179 doesn't mean that the result is valid. That result should and must be challenged for your initial charge to be reduced or dismissed. Once you sit with an attorney who is a expert in this area you will be informed on his to proceeds with the reduction.
    Answer Applies to: New York
    Replied: 11/4/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    You may be able to get it reduced to a Non-Aggravated DUI with the assistance of a lawyer.
    Answer Applies to: Kentucky
    Replied: 11/4/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should contact a local DWI attorney in your area as soon as possible. Your attorney may be able to negotiate to have your charges and/or sentence reduced in return for your participation in a diversion program such as alcohol/drug counseling, driving school etc. It is imperative that you have an attorney begin work on your case as soon as possible because various deadlines begin to approach very quickly. In Louisiana, you must request an administrative hearing within 15 days or risk your license being suspended automatically.
    Answer Applies to: Louisiana
    Replied: 11/4/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible based on attacking the evidence (ie. potential issues with the police report, maintenance and calibration of the Breath machines, problems with probable cause for stop, etc.) You should consult with an attorney about your situation in more detail.
    Answer Applies to: California
    Replied: 11/4/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    There are about a million moving parts in any DUI case, so it's impossible to make any real accurate predictions about how to go about fighting your case without a lot more information. Since you were more than double the legal limit, be very skeptical if any attorney guarantees that he'll beat it for you.
    Answer Applies to: California
    Replied: 11/4/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    With a good defense attorney, you can potentially plead guilty to a lesser charge, with certain conditions attached such as probation, and a DWI class. You can have a conditional plea to a misdemeanor and conviction of a violation, conditional on passing the DWI class. This also is dependent on what your past criminal history is, especially if you have had prior DWIs in the past 10 years, as the prosecutor will be less likely to agree to a lower plea deal such as this.
    Answer Applies to: New York
    Replied: 11/4/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    It depends on the legal and factual issues available to your attorney to argue for a reduction to either a no test DUI or Reckless Driving or First Degree Negligent Driving. Was there a legal stop and arrest? A properly administered breath test? Each case is issue dependent.
    Answer Applies to: Washington
    Replied: 11/4/2011
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    That depends on which county you were arrested in.
    Answer Applies to: New York
    Replied: 7/3/2013
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    It is highly unlikely that a DWI charge with that high a reading will be reduced barring some sort of constitutional or factual issue with the case from the prosecutor's standpoint. Get a chemical evaluation done before going to court and get your license reinstated and that might help minimize the sentence.
    Answer Applies to: Minnesota
    Replied: 11/4/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Without knowing the specific facts of the incident, it is impossible to know what weaknesses may exist in the State's case. Generally speaking, with a BAC that high, your only hope is a reduction to DUI below a .15 BAC. Your other option is a Deferred Prosecution (DP). However, you should not undertake a DP lightly. Under the terms of the DP, you would be required to undergo two years of treatment. During the first phase of treatment, you will be required to attend three classes a week and at least two meetings a week of AA. The DP is intended for people who have an alcohol addiction and who are willing to do some hard work to free themselves of that addiction. Therefore, don't go there if you can commit to attending class and working hard. If you succeed in the DP, your charge will be dismissed and it will not show as a conviction on a background check. Whatever you do, you should be aware that a DUI conviction is forever. DUI convictions cannot be expunged, vacated or dismissed. Only a Not Guilty verdict or dismissal will keep your record clean. Above all else, consult and hire an attorney. You are facing some serious consequences and you need serious representation.
    Answer Applies to: Washington
    Replied: 11/4/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Coming up with a BAC of 0.179 that is over twice the legal limit is on its face a strong case. This is not going to be reduced unless the facts put the result in doubt or the case has a legal reason that the stop was not legal. You need to consult with an attorney. Present all the facts to him and let him advise you on what your options are.
    Answer Applies to: California
    Replied: 11/4/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I'd recommend you retain a lawyer and plead not guilty. You are presumed innocent until proven guilty. The prosecutor must prove any allegations beyond a reasonable doubt. You have a right to council. OUI's carry significant license sanctions that go beyond just jail time and probation. Ultimately, whether the prosecutor would have the proofs at trial is a matter for a judge or jury. While a majority of cases end up being resolved through the plea-bargaining process, never plead guilty to anything unless you fully understand all the risks. The prosecutor is never obligated to make a plea-bargain offer. Plea-bargaining is a negotiating process. Unless you really know the strength of a case, the plea-bargaining process may be very daunting.
    Answer Applies to: Michigan
    Replied: 11/4/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Sometimes an experienced lawyer can get such a charge reduced, depending on the facts.
    Answer Applies to: Colorado
    Replied: 11/4/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    In the city of Honolulu they will not reduce a DUI charge, especially a .179. You may find attorneys who will plead you out and you may get a fine that is not as large as the maximum allowed, but if you want to avoid the conviction, you need to hire an attorney who will fight for you all the way.
    Answer Applies to: Hawaii
    Replied: 11/4/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Your blood alcohol level was very high. You may be looking at a .15 enhancement which could add more days of county jail to your sentence. However, you do have ways of negotiating this down but you are still looking at a DUI.
    Answer Applies to: California
    Replied: 11/4/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to consult with a DUI specialist, preferably within 10 days of arrest so you can save your license. Many winning issues in DUI cases actually don't have much to do with the DUI iteself, but rather probable cause for the stop, procedures followed by law enforcement, witness/courtroom availability...etc.
    Answer Applies to: California
    Replied: 11/4/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    Yes, hire an experienced lawyer.
    Answer Applies to: California
    Replied: 6/2/2013
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    That's a very high reading - over twice the limit. Most DAs won't make an offer. You need to retain a good criminal defense attorney.
    Answer Applies to: New York
    Replied: 11/4/2011
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