Nobody wants to have a Driving While Intoxicated conviction on their record, but if the odds are stacked against you, you may be wondering if you can work to get the charge reduced. While it’s possible to have a charged reduced from a DWI to a reckless driving charge, know that this is the exception, not the norm, and it’s only really a viable option when a few different factors are present. In today’s blog, we take a closer look at some of the factors that may make it easier to get your Minnesota DWI charge reduced.
Reducing A DWI Charge
Ultimately it is the prosecutor’s decisions as to whether or not to pursue a DWI charge or a lesser criminal charge. They may be more likely to pursue a reduced charge if the following factors are present:
Low BAC – If you were at or just barely above the 0.08 legal limit, the prosecution may be more likely to consider pursuing a reckless driving charge.
First Offense – If this is your first DWI charge and haven’t really run into trouble with the law in the past, a prosecutor may be more inclined to pursue or agree to a reckless driving charge.
You Have A Lawyer – It’s easier to earn a conviction if the prosecution is taking on a client who is representing themselves. However, if the case isn’t all that strong and you have a professional in your corner, the prosecution may opt to pursue a simpler charge to prove, like a reckless driving charge.
You Were Polite And Compliant – The prosecution will be less likely to consider a reduced charge if you were rude, unruly or disruptive during the interaction with police officers. You don’t need to talk to police and provide incriminating information, but you can still be polite and respective during your discourse.
Why Reduce A DWI Charge?
It may not seem like a big deal to face reckless driving charges instead of a standard fourth degree DWI, especially since both charges are misdemeanors punishable by up to 90 days in jail and fines up to $1,000. However, DWIs tend to carry more administrative sanctions and hidden costs, so you may lose your license for longer or experience a more significant uptick in your car insurance premiums if you are found guilty of a DWI compared to reckless driving. Also, a DWI tends to carry more stigma than a reckless driving charge, which is why many people wonder if a reduced charge is an option for them.
Of course, the ultimate goal is to get the charges dropped or beat them in court, but if you’re fighting an uphill battle, a lawyer may be able to help you avoid a worst case scenario by negotiating a plea to a reckless driving charge. We’re here to help in any way we can, but if you’re facing a DWI and want to make sure the prosecution doesn’t take advantage of your situation, you need to have a defense lawyer by your side. To hire one of the best DWI lawyers in the game, reach out to Avery Appelman and the team at Appelman Law Firm today for a free case review session at (952) 224-2277.
