Can I Get My DUI Charges Reduced to a DWI?

If you have been charged with driving under the influence (DUI) in Colorado, you are likely to be facing misdemeanor charges if you do not have multiple previous offenses and as long as nobody was injured or other aggravating factors apply to your case. Yet even for a DUI misdemeanor conviction, you can face up to one year in jail and a fine of up to $1,000. If there were aggravating or enhancing factors in your DUI case, you might actually be facing felony charges. In either circumstance, you may be wondering if it is possible to have your charges reduced. In particular, you may know that driving while ability impaired (DWAI) is another type of intoxicated driving offense but that it is a lesser offense than a DUI. As such, you may be wondering if you can work with a defense attorney to negotiate a plea deal that involves reducing your DUI to a DWAI.

There are many different plea bargaining options when you are facing DUI charges, and you may be able to negotiate a plea agreement that involves lesser charges. At the same time, if the goal is to avoid jail time or a lesser sentence, there may be options to meet that goal, too. Our Denver DUI defense lawyers can discuss DUI plea bargaining with you in more detail below, and we can speak with you today about the details of your case and working to secure a lesser sentence for you that avoids jail time and may include a suspended sentence.

What is a Plea Bargain or Plea Agreement?

A plea bargain or agreement is something that is negotiated between the prosecutor and the defendant in a criminal case. A majority of criminal cases in Colorado and throughout the country end in plea bargains because there are benefits for both the prosecution and the defendant. For the defendant, they agree to plead guilty in exchange for a conviction of a lesser offense than what they were originally charged with or agree to plead guilty in exchange for a lesser sentence or even a suspended sentence. For the prosecution, they avoid the time and expense of a trial.

Typically, plea bargains are best for defendants when it is unlikely that they will be acquitted of the charges (i.e. found not guilty) in a trial.

DUI Plea Bargains 

Depending on the details of your DUI charges and case, your defense lawyer may be able to negotiate a plea agreement with the prosecution that involves pleading guilty to a lesser offense (such as a DWAI), or agreeing to plead guilty to a DUI in exchange for no jail time. Or, your defense lawyer may be able to negotiate a plea agreement that involves a suspended sentence, where you agree to complete certain steps in exchange for ultimately having the case against you dismissed.

Contact Our Denver DUI Defense Lawyers for Assistance with a Plea Bargain

Are you facing DUI charges that you want to try to have reduced? Whether you are facing first-time or subsequent DUI charges, and whether or not there are aggravating or enhancing circumstances under Colorado law, it may be possible to negotiate a plea bargain with the prosecution. As we discussed above, a plea bargain may involve reducing the charges you are facing to lesser charges, reducing the sentence, or obtaining a suspended sentence. An experienced Denver DUI defense lawyer at DeChant Law can discuss the details of your case with you today and strategies for negotiating a plea bargain on your behalf. Contact us for more information about how we can assist you.

Source:

codes.findlaw.com/co/title-42-vehicles-and-traffic/co-rev-st-sect-42-4-1301/