If you’ve been charged with driving under the influence (DUI), you likely are concerned about the potential consequences. As such, you may be wondering whether you can have your DUI charge reduced to a lesser offense. Please continue reading to learn if this is possible in New York and why connecting with a knowledgeable Garden City, NY DWI/DUI Attorney is in your best interest.
When is a DUI Charge Warranted in New York?
In New York, an individual can be charged with a DUI if they are found operating a motor vehicle while under the influence of drugs or alcohol. This is charged to those who are found to have a blood alcohol content (BAC) of 0.08% or greater. However, it’s important to note that anyone with any amount of alcohol in their system could face a DUI if an officer determines it has impacted their ability to safely operate a motor vehicle.
As mentioned above the penalties for a DUI in New York can result in hefty fines, driver’s license revocation, and potential jail time. Many defendants underestimate the long-term ramifications of an offensive of this nature. The consequences can linger for years even after you fulfill your legal obligations, undermining your future opportunities. That said, if you are currently facing DUI charges in New York, you can’t afford to proceed without the assistance of a trusted Chesterfield criminal defense attorney.
Can I Get My New York DUI Charge Reduced?
Fortunately, in some circumstances, a DUI can be reduced to a lesser offense. A defendant can potentially have a DUI charge reduced to a lesser DWAI (Driving While Ability Impaired) conviction through a plea agreement. While a DUI is classified as a misdemeanor, and therefore a criminal charge, a DWAI is considered a violation, which is not a criminal offense. Therefore, the penalties are less severe than that of a DUI.
In some states, you can plead “wet reckless.” Essentially, this is a reckless driving charge involving alcohol or drugs. New York law doesn’t provide prosecutors with this option. Generally, you will be offered a plea deal if there are no aggravating factors associated with your case, such as a prior DUI arrest, high BAC level, or an accident, to name just a handful. If you are eligible for a plea bargain reducing the charge to a violation, it’s in your best interest to enlist the help of an experienced Nassau County DUI lawyer, who can help you determine whether this is the best option rather than taking the case to trial.
At KCS Law, we are prepared to fight for your future. Connect with our firm today to learn how we can help you get your charges dismissed or reduced to a lesser offense.
