As DUI lawyers we understand driving under the influence of drugs or alcohol is a crime most people commit. When a person has more than the legal blood alcohol concentration in their system, they are legally intoxicated. The BAC level in Idaho, like in most parts of the United States, is 0.08%.
When the police arrest a driver for impaired driving, they get charged with a criminal offense. If the court finds the person guilty, they’ll sentence them to jail time or ask them to pay a fine. In some situations, a DUI conviction gets you both a fine and imprisonment. Aside from the two, the sentence has life-long impacts.
For example, the person would be unable to get jobs like driving commercial vehicles if they have a history of driving under the influence. Thus, it’s not uncommon for those charged with this offense to look for ways to get the charges dismissed. Where the case against you cannot be dismissed, the person opts for a reduced sentence.
In this article, our expert DUI lawyers look at whether you can get a reduced sentence for a DUI charge in Idaho. If you or anyone you know faces a driving under the influence charge, we offer excellent DUI defense services. Contact us today to learn more.
Is It Possible To Get Your DUI Charges Reduced in Idaho?
Where the prosecution has enough evidence to get a conviction against you, it would be impossible to dismiss the case. So the next best thing your DUI attorney can do is try to get your charges reduced. In criminal law, this is known as plea bargaining. Plea bargaining would get you a reduced sentence or charge.
For example, a person who is supposed to get ten years imprisonment can take a plea deal for five. Note that a plea bargain is usually in exchange for something, usually information. In the case of a DUI charge, it would be in exchange for the accused driver admitting to driving under the influence even without field sobriety test evidence.
So, is it possible to get your drunk driving charges reduced in Idaho?
The answer is yes. You can have the prosecution reduce a charge to a “wet reckless charge.” The latter is a type of reckless driving charge that pertains specifically to alcohol consumption or drug use. This offense comes with fewer obligations, punishment, and costs than a typical DUI. This is why DUI attorneys consider it the most favorable outcome for someone charged with driving under the influence.
Idaho Laws and a Wet Reckless Charge
Under Idaho law, there is no explicit rule prohibiting and allowing wet reckless pleas. It means that while lawyers can make a plea bargain for a wet reckless charge, there is no guarantee it would be effective. Furthermore, even if your lawyer succeeds in getting you a wet reckless charge and a lower punishment, you’ll still have a drunk driving charge appear on your criminal record.
However, you will have less jail time, lower fines, and shorter license suspension. Note that a prosecutor offers a wet reckless charge due to several factors. One of such factors is that you’re a first-time offender with no prior criminal history. You will also answer this lower offense if your BAC level at the arrest time was a little below or at the legal limit. The prosecutor might not reduce the charge if the arrest involves a car accident with injury or fatality.
Is There Alternative Sentencing for DUI?
Where the prosecutor refuses to reduce the charge, the next thing your DUI lawyer can do is seek alternative sentencing. Idaho Statutes section 316.193 (6) (k) allows judges in court hearings for DUI cases to order alternative sentences. These sentences serve as credit towards jail time.
In addition, the offense in question must be a misdemeanor and non-violent DUI crime where the defendant has no prior DUI conviction. For example, for jail sentences that do not exceed 61 days, the court may order an enrollment in a Day Reporting Program as an alternative sentence. A DUI attorney can help you get an alternative sentence.
Contact DUI Attorneys Today!
Have you been arrested and charged with a DUI offense? Does imprisonment seem possible? If yes, then you’ll be pleased to know you can avoid jail by having your charge reduced. At the Trilogy Law Group, our DUI lawyers will either get you a reduced charge or an alternative sentence. We’ll also protect your rights while at it. So, call us today to speak with one of our attorneys.