How Often Are DUI Charges Reduced?

Following an arrest for driving under the influence, you may worry about the potentially harsh consequences of a DUI conviction. You might wonder whether you can pursue a reduction of your DUI charges to another less serious offense with lighter penalties.

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How often do prosecutors in Las Vegas agree to reduce DUI charges? Prosecutors have limited authority to reduce or dismiss DUI charges. However, working with an experienced DUI defense attorney can give you the best opportunity to seek a reduced charge. Doing so may allow you to avoid potentially catastrophic consequences of a conviction, such as incarceration, a driver’s license suspension, and a criminal record containing a DUI conviction.

Can Prosecutors Reduce DUI Charges?

In Nevada, prosecutors may drop DUI charges only if they certify that the evidentiary record does not support probable cause to try you or that the state has insufficient evidence to prove guilt beyond a reasonable doubt. However, prosecutors may agree to a reckless driving plea deal. In a reckless driving plea agreement, you initially plead guilty to the DUI charge. The court then imposes sentencing requirements that you must meet. Once you complete your sentencing requirements, the court will enter a conviction for reckless driving instead of DUI.

Factors That Can Lead to a Reduction of DUI Charges

Various factors may convince prosecutors to negotiate a reckless driving plea agreement, such as:

  • Whether You Have Prior DUI Convictions – You have a better chance of getting your DUI charge reduced when facing a first-time DUI offense.
  • The Strength of the Prosecution’s Case – Prosecutors may agree to a reckless driving plea deal if they worry that you can secure an acquittal at trial.
  • The Lack of Aggravating Factors – Prosecutors and the court may not want to allow you to negotiate a reduction of your charges in a case involving aggravating factors, such as your having caused an accident.

The Role of a Defense Strategy in Reducing DUI Charges

A compelling defense strategy can help you seek a reduction or dismissal of your DUI charges by highlighting weaknesses in the prosecution’s case. This can bring prosecutors to the negotiating table to discuss a reckless driving plea deal. Common defenses in DUI cases include:

  • Challenging the Legality of the Traffic Stop – You may seek to exclude evidence in a DUI case by arguing that police stopped you without reasonable suspicion of a traffic violation or a criminal offense.
  • Insufficient Evidence of Driving or Control Over a Vehicle – You may argue that the prosecution lacks sufficient evidence to prove that you drove or exercised control over a motor vehicle while under the influence of alcohol or drugs.
  • Challenging the Reliability of Field Sobriety or Chemical Testing – You may challenge field sobriety or chemical test results by arguing that officers failed to follow testing protocols or used uncalibrated or defective testing equipment.

A defense strategy may also seek to reduce a DUI charge to reckless driving by arguing that the circumstances of the case weigh in favor of leniency. For example, your attorney may highlight your lack of a criminal record or your demonstration of remorse or acceptance of responsibility by seeking substance abuse treatment.

Benefits of Reducing DUI Charges

Negotiating a reckless driving plea agreement to reduce your DUI charges can provide you with several benefits, such as:

  • Reduced Stigma from a Criminal Record – A criminal record can impose a stigma that can make obtaining employment, housing, or educational opportunities challenging. However, prospective employers, landlords, or educational institutions may view a reckless driving conviction less harshly than a DUI conviction.
  • Lesser Penalties in Future DUI Cases – Nevada law imposes increasing penalties for each subsequent DUI conviction. Reducing a first-time DUI charge to reckless driving through a plea agreement means you will still face a first-time DUI charge if you get arrested for drunk driving in the future.
  • No Automatic License Revocation – Unlike DUI, reckless driving does not require an automatic suspension following conviction. However, a reckless driving offense can trigger a DMV administrative proceeding to suspend your license. To avoid a license suspension, you must reduce your DUI charge and win the DMV proceeding.
  • Shorter Waiting Period for Record Sealing – Whereas you may have to wait seven years to seal a record of a misdemeanor DUI conviction, you can apply to seal a reckless driving conviction one year after serving your sentence. Furthermore, you cannot seal a record of a felony DUI conviction, but you can seal a record of felony reckless driving five years after completing your sentence.

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How Can a DUI Defense Attorney Help You Reduce Your Charges?

Having experienced legal representation can give you the best chance to reduce a DUI charge to reckless driving or to pursue a dismissal or acquittal. A knowledgeable DUI defense attorney from De Castroverde Law Group Criminal & Investigation can help you present a compelling defense strategy by:

  • Investigating the case to secure evidence that can support defenses, including challenging the legality of the traffic stop or contesting the reliability of field sobriety or chemical testing
  • Evaluating your legal options for facing your DUI case, including the potential for a plea deal or another alternative disposition, and preparing you for what to expect during prosecution
  • Negotiating with prosecutors to reach a reckless driving plea deal that allows you to avoid the harsh consequences of a DUI conviction
  • Challenging the state’s case at each stage, including moving to exclude evidence or to dismiss your DUI charge for lack of probable cause

Contact a DUI Defense Lawyer Today to Discuss Your Options

If you were recently arrested and charged with DUI in Nevada, a vigorous defense strategy can help you seek a reduction or dismissal of the charges and protect your rights and future. Let an experienced DUI defense attorney from De Castroverde Law Group Criminal & Immigration advocate for your best interests. Contact us today for a confidential consultation with a knowledgeable defense lawyer to learn more about the options for pursuing reduced or dismissed charges in your DUI case.