If you’ve been arrested for driving while intoxicated (DWI) in New York, you may wonder if it’s possible to have the charge reduced. DWI charges can come with severe penalties, including fines, license suspension, and even jail time. However, depending on the circumstances, it may be possible to have your charge reduced to a less serious offense, such as a driving while ability impaired (DWAI) charge. Here’s what you need to know about how a DWI can be reduced in New York.
DWI vs. DWAI: What’s the Difference?
In New York, there are two main types of impaired driving charges: DWI and DWAI. Understanding the difference between these charges is important when considering whether a reduction is possible.
DWI is a more serious charge. To be convicted of DWI, your blood alcohol content (BAC) must be 0.08% or higher. If convicted, you can face severe penalties, including fines, mandatory alcohol education classes, and up to one year in jail for a first offense.
On the other hand, DWAI is a lesser offense. It’s charged when your BAC is between 0.05% and 0.07%. Although DWAI is still a criminal offense, the penalties are much less severe. If convicted, you could face a smaller fine, a shorter license suspension, and up to 15 days in jail.
So, when you ask whether a DWI can be reduced, the real question is whether it can be lowered to a DWAI charge, which is much less damaging to your record.
How Can a DWI Be Reduced in New York?
While a DWI charge is serious, it’s possible to have it reduced under certain circumstances. This usually happens through a plea deal. In a plea deal, your defense attorney negotiates with the prosecutor to have your DWI charge lowered to a DWAI or another lesser charge.
There are a few factors that can increase your chances of getting your DWI reduced:
- First-time offenders: If this is your first DWI offense and there are no aggravating circumstances (like an accident or high BAC), your chances of having the charge reduced increase.
- Low BAC: If your BAC was slightly over the legal limit but not significantly higher, there may be more room to negotiate a reduction to DWAI.
- No accidents or injuries: If you were arrested for DWI but there was no accident or anyone hurt, it can work in your favor when negotiating a reduced charge.
- Strong defense: A skilled attorney may be able to find weaknesses in the prosecution’s case, making it easier to negotiate a reduction.
Pleading Down a DWI in New York
One common way to reduce a DWI charge is through a process known as “pleading down.” This involves pleading guilty to a lesser offense, like a DWAI, in exchange for a lighter sentence.
The outcome of pleading down depends on several factors:
- The prosecutor’s willingness: Some prosecutors are more likely to offer a plea deal, especially if the case against you is weak. If there’s no evidence of reckless driving or serious harm, a prosecutor may be open to negotiating.
- The judge’s decision: Ultimately, the judge will have to approve the plea deal. If the judge agrees that a reduced charge is appropriate, they will approve the deal. However, not all judges are willing to reduce charges, so it will depend on the specifics of your case.
- The strength of your defense: Having an experienced DWI attorney can make a significant difference. An attorney who knows the ins and outs of DWI law will be able to present a compelling case for reducing the charge.
Can a DWI Be Reduced to Reckless Driving?
In some cases, a DWI charge can be reduced to a charge of reckless driving, but this is less common. Reckless driving is a serious traffic violation, but it’s not a criminal charge like DWI. The penalties for reckless driving are typically less severe than those for a DWI, but they still include fines, license suspension, and potential jail time.
The possibility of getting a DWI reduced to reckless driving depends on the details of the case. If there’s no evidence of alcohol impairment, or if the officer made procedural mistakes, a charge reduction to reckless driving could be a possibility. However, reducing a DWI to reckless driving often requires a strong defense and a good deal of negotiation between the defense attorney and the prosecutor.
What Are the Odds of Getting a DWI Dropped?
It’s also important to understand that not all DWI charges can be reduced or dismissed. In some cases, the evidence against you may be too strong, and you may need to go through a trial. However, many DWI cases are settled through plea deals, where the charge is reduced to a DWAI or another lesser offense.
The odds of getting your DWI charge reduced depend on:
- The strength of the evidence against you
- The circumstances of your arrest (e.g., whether you were pulled over for erratic driving or if there was an accident)
- Your criminal history
- Your BAC level
- The specifics of your case
If you’ve been arrested for DWI, it’s important to talk to a criminal defense attorney as soon as possible to discuss your options.
What Happens if You Don’t Have Your DWI Reduced?
If you can’t get your DWI charge reduced, you could face serious penalties, especially if it’s your first offense. These penalties may include:
- Fines: A first DWI offense can lead to fines of up to $1,000.
- License suspension: You could lose your driver’s license for up to one year.
- Jail time: A first offense can lead to up to one year in jail.
Even if you’re unable to reduce your charge to a DWAI, there are other legal defenses that may reduce the penalties or even result in a not-guilty verdict. Your attorney can help you explore these options.
Contact Karpf Criminal Law for Help
If you’ve been arrested for DWI in Huntington Station, New York, don’t wait. The sooner you speak with a criminal defense attorney, the better your chances of getting a reduced charge or a more favorable outcome. Call Karpf Criminal Law at (516) 650-5875 today for a free consultation to discuss your case. Our experienced attorneys can help guide you through the process and work to get the best possible outcome.