Can a DUI case be reduced to a lesser charge? One method of resolving criminal charges in Tennessee is by plea bargains. Plea bargaining is the legal concept where one pleads guilty in exchange for a lesser charge or agreed upon sentence.
Ordinarily, the plea bargain would be to a different charge. For example, simple assault is a lesser included charge of aggravated assault. Under Tennessee Criminal Law, Driving Under the Influence has no lesser included offense. If you are able to get your Nashville DUI case reduced, it is to a substitute charge.
Under what circumstances will your Nashville DUI case get reduced?
The Assistant District Attorneys will not reduce DUI cases just because you are a good person and have no prior record. In order to get your DUI case reduced, your lawyer should be able to point out weaknesses in the State's case.
Possible weaknesses in the State's DUI case may include the following:
1.) Lack of probable cause to a traffic stop
2.) No blood alcohol test
3.) Low blood alcohol test
4.) Medical issues that effect the blood test and Field Sobriety Tests
5.) Location of Field Sobriety Tests
6.) Potential problems with admissibility of the breath alcohol test.
A Nashville DUI case may be reduced to a reckless driving or reckless endangerment plea. It is a criminal offense. However, you avoid a DUI conviction and may be able to keep your driver's license. Punishments for the reduced charge vary. If your DUI is not reduced to a substitute charge you may be facing potential jail time, fines, alcohol safety school, probation, public service work, court costs, probation fees and possibly have to attend the Victim Impact Panel.
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If you have any questions about whether your DUI case may be reduced to a lesser charge, please contact Rob McKinney at 615-686-2115 or via email.