Can My DUI/DWI Charges Be Reduced?

If you were recently arrested for DUI in Las Vegas, you may be interested in pursuing a plea deal in which your DUI charges get reduced to a less severe offense. Here’s what you need to know about reducing the charges against you.

Can I Get My DUI Charges Reduced in Las Vegas?

Yes, you may be able to negotiate a reduction of your DUI charges to a less serious traffic offense. The prosecutor may agree to reduce your charge to one of reckless driving, which Nevada law defines as operating a vehicle in willful or wanton disregard for the safety of people or property. Alternatively, the prosecutor may agree to reduce your charge to violating Las Vegas municipal ordinances prohibiting careless or imprudent driving. However, prosecutors will likely only consider a plea deal if they believe they lack probable cause to support a DUI charge or have insufficient evidence to prove their guilt for DUI beyond a reasonable doubt. 

What Are Possible Defenses in My DUI Case?

To convince prosecutors to negotiate a reduction of your DUI charge, you will likely need to demonstrate the weakness of the state’s case through various defense strategies. Here are some potential defenses to argue:

• Unlawful traffic stop: You might challenge the legality of your traffic stop by showing that police lacked reasonable suspicion to stop you for DUI or another traffic offense. 
• Errors in field sobriety testing: Officers might have made mistakes when performing field sobriety testing, particularly if they lacked proper training or failed to follow established testing procedures, such as conducting tests on level ground. 
• Errors in breath/blood testing: Police might not have followed the correct breathalyzer testing procedures or calibrated the breathalyzer. Blood test samples can also become contaminated, which can skew test results. 
• Medical conditions: Certain medications can throw off the results of breath or blood testing. You might also suffer from physical infirmities that prevent you from completing field sobriety tests.

Benefits of Lesser Charges After a DUI Arrest

There are several potential benefits to pleading guilty to lesser charges like reckless or careless driving. These include:

• Your criminal record may not look as bad to parties conducting background checks on you
• A careless or reckless driving conviction carries less severe penalties than a DUI conviction
• You can avoid a second or subsequent DUI offense that comes with increased penalties
• Earlier availability of sealing of your record
• Avoiding a court-ordered driver’s license revocation

What a DUI Lawyer Can Do for You

Our DUI defense lawyers can help you pursue a reduction of your charges by:

• Reviewing your case to determine instances of procedural errors or insufficient evidence
• Building a compelling defense case that highlights the weaknesses of the prosecution’s case
• Convincing prosecutors to agree to a plea deal

Contact Our Las Vegas DUI Attorneys for Help

Get the legal help you need to pursue a favorable resolution to your DUI charges, either at trial or by negotiating a reduction in the severity of your charge. Contact Adras & Altig, Attorneys at Law, today for a free, confidential consultation with a Las Vegas DUI attorney.