What Can a DUI Be Reduced to in Virginia?

What Can a DUI Be Reduced to in Virginia?

A plea bargain or other criminal defense may help reduce the charges you face. But what charges could your DUI be reduced to? This is an interesting question, and ultimately depends on the unique facts of your case for a definitive answer. Here, we explore the possibilities of reduced or dismissed charges you could face after a successful defense or plea bargain.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC know how to protect your constitutional rights in a Virginia DUI case. We have decades of experience safeguarding defendant rights and want to put that to work in your case. Schedule a consultation today to get started.

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How DUI Charges May Be Reduced

There are several ways a Virginia DUI may be reduced. Understanding each can help you protect your rights in a DUI case.

Lesser Penalties for a DUI

By challenging the evidence or negotiating a plea, you may seek and get reduced penalties from the range. DUIs carry specific ranges of penalties from minimums to maximums based on the number of prior DUIs you have. The same is true for other charges. 

At times, the best strategy is to seek lesser penalties when you cannot avoid the DUI itself. Your attorney is well-versed in how to negotiate this with the prosecutor.

Lesser Charges

A lesser charge includes criminal convictions other than DUI that carry less serious penalties. A strong criminal defense or a negotiated agreement with the prosecutor may help you avoid a DUI conviction.

DUI Defenses

A DUI defense may help you avoid a conviction altogether, or help negotiate a better resolution to your case. Common DUI defenses include, but are not limited to:

  • Challenging field sobriety tests
  • Demonstrating errors with the blood, urine, or breath testing results
  • Suppress unconstitutionally collected evidence 
  • Challenge the traffic stop’s validity

Reducing Your DUI to Reckless Driving in Virginia

A reckless driving charge is less serious than a DUI and carries less serious penalties. To prove a reckless driving charge, the prosecutor would normally have to prove that:

  • You were operating a motor vehicle
  • You were operating a motor vehicle on a “highway” as defined by Virginia Code § 46.2-100
  • You endangered other’s limbs, lives, or property through your actions

If the facts of your case typically fit a DUI, it is not hard to prove the elements needed to prove a reckless driving charge. This is why it is common for prosecutors to reduce DUI charges to reckless driving when they agree to do so.

The penalties for reckless driving are potentially less severe than a DUI, although several are also the same. These include:

  • A possible 1-year jail term
  • A fine of up to $2,500
  • Demerit points on your driver’s license

Unlike a DUI, however, there are many penalties you will not face. These include the automatic or potential long-term suspension of your driver’s license. A reckless driving charge may also be removed from your driving record over time when done appropriately. A DUI charge can never be removed or expunged from your record.

Factors that May Impact a Reduced Charge

You are more likely to get a reduced charge when certain factors are present, including:

  • You are represented by a skilled DUI defense attorney
  • You have no prior criminal history or DUIs on your record
  • Your blood alcohol concentration was on the lower end of the spectrum
  • You have a good driving record
  • There were no injuries or property damage from the accident

Get Help With Your Virginia DUI to Seek Reduced Charges

Getting a reduced charge is a powerful way to defend yourself from DUI charges. Most prosecutors are reluctant to offer a reduced charge unless a defense attorney demonstrates the weaknesses in the prosecutor’s case. Let us help you.

At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are here to assist in your defense. Contact us today for a free consultation of your case.