Is it possible to reduce a DUI charge to a lesser offense?
Yes, it is possible to reduce a DUI charge to a lesser offense in West Virginia. Depending on the severity of the offense, the judge may choose to lessen the DUI charge to a lesser offense, such as reckless driving. In order to have the charge reduced, certain factors must be present such as: no prior DUI convictions, no accident, and no serious bodily injury. If the plea bargain is accepted by the court, the DUI charge will be reduced to a lesser offense and the defendant will receive a more lenient sentence. The most common lesser charge for a DUI in West Virginia is Reckless Driving. This offense carries lesser punishments than a DUI such as only 25 hours of community service and no jail time. Additionally, the State of West Virginia has adopted a “wet reckless” law allowing a person with a DUI conviction to have the conviction amended to a lesser charge of reckless driving involving alcohol. A “wet reckless” charge carries lesser punishments than a DUI charge. This means that the defendant will not have to serve any jail time and will likely receive a lesser sentence. In conclusion, it is possible to reduce a DUI charge to a lesser offense in West Virginia depending on the circumstances and severity. By pleading guilty to a reduced charge, a person can avoid the harsher punishments of a DUI charge and receive a more lenient sentence. If the plea bargain is accepted by the court, the DUI charge will be reduced to a lesser offense.
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