What Can My DWI Charge Be Reduced To?

June 20, 2022

Getting pulled over and charged with a DWI can feel like the world is closing around you. However, there are some circumstances where DWI charges can be reduced, lessening the fines, jail, and other consequences related to intoxicated driving. In addition, depending upon the circumstances, a Fairfax DUI lawyer can help defend you in court and possibly get your DWI charges reduced.

What Can a DWI Charge Be Reduced To in VA?

It might be possible to get a DWI in Virginia reduced to a reckless driving charge, especially if this was the first time being charged with the offense and other mitigating and evidentiary issues are present. Charges may be reduced if the arrest involved certain forms of improper conduct like a possible Constitutional violation. Contact a VA DUI lawyer to help with your DWI charges and seek to get them reduced.

What is a Wet Reckless Driving Charge?

Wet reckless driving is a term also used for an alcohol-related reckless driving charge. Wet reckless driving carries less severe consequences than a standard DUI, which is an option when trying to secure a plea bargain and reduce the charges. Several circumstances are considered for this, so it is best to have a Fairfax DUI attorney by your side when appearing in court.

Why Would I Want a Wet Reckless Charge?

Having a wet reckless driving charge has lower consequences than a DUI. When facing DUI charges, you are at risk of having your driver’s license suspended for 12 months, potentially going to jail, and paying hefty fines. Though there are still penalties, wet reckless driving charges are less severe. Those having their DWI reduced to wet reckless driving can only have their license suspended for up to 6 months, and it is likely insurance rates do not increase as much as they would with a DUI charge. In addition, fines and jail time may be less severe than being charged with a DUI.

What Factors are Considered for a Wet Reckless Charge?

Fairfax County DUI lawyers have the experience to attempt to get DWI charges reduced to wet reckless driving charges. Determining factors that are considered before reducing DWI charges down to a wet reckless charge include:

  • If this is the first time getting charged with a DUI
  • If the blood alcohol content was close to the legal limit of .08% 
  • If the DUI charges had potential evidentiary issues
  • If the driver has a history of criminal or traffic offenses
  • If there are mitigating factors whether related to the case or the efforts by the defendant to address the case
  • If there are other charges, such as open container or resisting arrest

Was My Arrest Unlawful?

In some situations, a defendant can have their DUI charges reduced if there is proof the arrest or questioning was unlawful. For example, some criminal incidents could include an unlawful traffic stop, a breathalyzer test being administered incorrectly, not giving a proper blood alcohol test, or you did not show signs of being under the influence.

How an attorney can help

There is a time when you must make a crucial decision – to defend yourself or hire a Virginia DUI attorney. Having an attorney by your side can help you develop your case and properly defend you in court.

Your attorney can help gather evidence and a reasonable explanation of what occurred. Having an attorney often means the difference in getting the charge reduced or dismissed.

Contact Rudolphi Law Today to Schedule a Consultation

If you have been charged with DWI and are looking to learn more about your options to reduce the charges, call the Fairfax DUI attorneys at Rudolphi Law. We can explain your options, gather evidence for your defense, and appear in court with you. Do not handle your case alone. We are here to help you and be by your side every step. At Rudolphi Law, we are always in your corner.