When you are arrested and charged with drunk driving, your first thoughts are likely to be “How can I get out of this DUI?” The best answer to that question is with the help of an experienced lawyer, but how exactly will a lawyer work to beat the charges? In some cases when the evidence is stacked against you, beating the charge outright isn’t their preferred strategy. Instead, they work to get you out of the DUI charge by getting it reduced to a lesser charge.
Getting A DUI Reduced
For starters, let’s imagine you are charged with a basic Driving While Intoxicated charge. This is considered a Fourth Degree DWI, which is a misdemeanor in Minnesota. This means it carries the potential of up to 90 days in jail and fines up to $1,000, along with potential driver’s license restrictions. It also means that certain aggravating factors were not present at the time of the arrest, like an extremely high blood alcohol content or the presence of minors in the vehicle.
Although it’s only a misdemeanor by the letter of the law, many people don’t want to carry around the stigma of having been convicted of a DWI. However, if the odds are stacked against them, a lawyer may work to have the charge reduced to a Careless Driving charge.
We use the term “reduced” in reference to having the charge changed from a DWI to Careless Driving, but that’s not the most accurate term because a Careless Driving charge is also a misdemeanor offense. This means it carries the same penalties in terms of fines and potential jail time, although it’s unlikely you’ll face much jail time if at all for a Careless Driving charge. So even though it’s not technically a reduction in terms of crime level, if you ask 100 people which crime they’d rather have on their record, the vast majority will say Careless Driving.
How A Lawyer Gets A Charge Reduced
A lawyer will work to get your charge reduced by working with the prosecution. It’s a standard negotiation process where a defense lawyer will sit down with the prosecutor and talk about the case. We’ll may begin by pointing out the evidence against our client, but then we will talk about all the weak spots in the case, including but not limited to:
- The initial traffic stop
- The interaction with the officer
- The breathalyzer results
- The roadside sobriety tests
- The witness statements
- The official police report
- The detainment and eventual arrest of the client
- Dash camera evidence
- Any other inconsistencies
Even if we think we can win the case outright, it’s important to feel out the prosecution during this time to see how they might attack the case and field an offer if the client is open to one. A sure thing in the form of a reduced charge or a Careless Driving conviction is sometimes better than taking your chance at trial, even if you think you might win. We’ll work on your behalf with the prosecution to see if we can negotiate a deal that fits with your wishes. If we can secure a deal, all it takes is a judge’s approval and you’ll avoid the DWI conviction.
So if you are wondering how to move forward with a DWI charge, contact Avery Appelman and the team at Appelman Law Firm to learn about how we’ll work to beat the charges or get them reduced. For a free case evaluation, call us at (952) 224-2277 today.
