Can a DUI Be Reduced to a Lesser Charge?

Through plea bargaining, a DUI can be reduced to a lesser charge in Nashville, Tennessee. One of the most common reductions for a DUI charge is pleading guilty to reckless driving, known as a “wet reckless” plea bargain. This comes with less harsh penalties, allowing the defendant to spend less time behind bars, sustain lesser fines, and retain driving privileges. If you or a loved one is currently facing DUI charges, our Nashville DUI attorneys are available to address your concerns.

Reducing DUI Charges in Nashville, TN

Charge bargaining allows the defendant to serve less time in prison or to have the prosecution drop one or more charges in exchange for pleading guilty to a lesser crime. Take, for example, reducing a DUI charge to a reckless driving charge. Whereas a DUI offense is subject to up to one year in jail, $1,500 in fines, and one year license suspension, a reckless driving conviction is subject to six months in jail, $50 in fines, and six points against your license. Generally, charge bargaining is offered by the prosecutor when mitigating factors exist; some of which include no prior offenses, a BAC close to 0.08%, and cooperation with the police.

Benefits of a Plea Deal

Taking a plea bargain, or plea deal, may come with the following benefits:

• Avoiding the uncertainty of trial.
• Allowing the defendant to serve a less severe sentence.
• Permitting certain charges may be dismissed if the defendant has been charged on multiple counts.
• Eliminating the stress and expense of trial, while also letting the defendant avoid lengthy legal proceedings.

Drawbacks of a Plea Deal

Taking a plea deal may come with several drawbacks, including:

• Waiving your rights to a jury trial. By entering a guilty plea, you will never know how a jury of your peers would have ruled. Upon hearing evidence from both sides, the jury may have acquitted you on all charges.
• Waiving your right to appeal. Criminal defendants who take a plea deal are unable to appeal their case to a higher court.
• You will still have a criminal record, inhibiting employment and housing prospects.
• Even if you and the prosecutor reach a favorable agreement, the court retains the authority to reject the plea bargain. Under the Tennessee Rules of Criminal Procedure, if you refuse to withdraw your plea, the court may render a decision that is less favorable than the original plea.
• Entering a guilty plea when innocent: The risk of a harsh sentence can cause an innocent individual to take a plea. While taking a plea bargain can have benefits, it sometimes causes innocent people to go to jail.

Contact Our Nashville DUI Attorneys Today

DUI charges impact more than your present; they impact a person’s ability to work, find an apartment, and retain visitation rights. If you have been arrested or charged with a DUI, our legal team at Andrew C. Beasley, PLLC, would like to speak with you. Our Nashville DUI lawyers have represented thousands of DUI defendants with great success. If you want the greatest likelihood of spending less time behind bars, now is the time to contact us. To schedule your free consultation, contact our Nashville office online or by calling (615) 846-9889.