Guides / DUI reduction pathways
From DUI to lesser charges: the reduction ladder
Not every DUI results in a DUI conviction on your record. With the right defense, charges are often amended down. Here is what each rung carries.
- 1DUI, refusal or BAC .15 and above (no priors)
Gross misdemeanor, up to 364 days and $5,000. Mandatory minimum 48 hours in jail and $1,245.50. License suspension 1 year (.15+) or 2 years (refusal). Ignition interlock required.
- 2DUI, BAC below .15 (no priors)
Gross misdemeanor. Mandatory minimum 24 hours in jail and $990.50. License suspension 90 days. Ignition interlock required.
- 3Reckless driving
Gross misdemeanor, up to 364 days and $5,000. 30-day license suspension and possible interlock only if you had a prior DUI within 7 years, or the original charge was vehicular homicide or vehicular assault involving alcohol or drugs. More.
- 4Negligent driving, first degree
Misdemeanor, up to 90 days and $1,000. Mandatory $145.50 criminal traffic fee. No license suspension.
- 5Negligent driving, second degree
A traffic infraction, not a crime. Punishable only by a fine; typically $559 with an admission.
- 6Dismissal
When the stop, the arrest or the testing doesn't hold up, the case goes away.
Where your case lands depends on the evidence: the reason for the stop, how the field sobriety tests were given, the breath machine's maintenance, your history and more. That is what I look for first.
Your DUI isn't the end of the road.
Call (509) 630-3492 for a free consultation.
General information, not legal advice. Every case is different; talk to a lawyer about yours.