Can You Plead a DUI Charge Down in Orange County
Any individual who is caught operating a motor vehicle with a blood alcohol content of 0.08 percent or greater can be charged with DUI in the State of Florida. Penalties depend on several factors. These often involve aggravating factors such as having a BAC above 0.15 percent, this is your second or third offense, there was a minor in the vehicle, or you caused injury to another person or property damage. In most cases, Florida law will prevent a plea deal when there is an aggravating factor present. However, if you’re charged with a “simple” DUI, you can plead the charges down to a “wet reckless” or reckless driving.
What does it mean to “plead down charges”?
Generally speaking, when you “plead a charge down”, you are negotiating for a less serious offense than the one you were initially charged with. In Florida, you can plead a DUI charge down to a “wet reckless” (or reckless driving involving alcohol), which is a second-degree misdemeanor. The penalties for a wet reckless are considerably less than a DUI. You often have reduced fines, lower jail time, but DUI school is still required. On the other hand, you can avoid some of the worst penalties of a DUI such as mandatory license suspension or the installation of an interlock ignition device.
When is a reduced plea possible for an Orlando DUI?
There are several factors that could be present that would encourage a prosecutor to settle your case for a reduced charge. These include:
- Test results within 0.02 of the legal limit 0.08
- Lack of evidence of impairment
- Procedural violations (poor field sobriety testing, unlawful stop)
- First-time offense with no accidents or injuries
If you’re charged with aggravated DUI, you cannot plead the charges down at all under Florida law.
Do I need an attorney to fight a DUI charge?
Frankly, yes. The penalties for a DUI charge can be severe in Florida. An attorney will help you identify weak spots in the prosecution’s case. This includes illegal stops, problems with the breathalyzer test, problems with field sobriety tests, and more. When the evidence isn’t strong, you can generally get the prosecutor to agree to a wet reckless charge, which would prevent a DUI from appearing on your record and the suspension of your driver’s license.
If you don’t hire an attorney, you are unlikely to secure a decent plea deal. Further, you might take a plea deal when you don’t have to. You may be able to get the charges dismissed entirely. My job as a DUI attorney is to ensure the best possible outcome for my clients. You should not face DUI charges alone.
Talk to an Orange County, FL, DUI Attorney Today
FL DUI Group represents the interests of defendants in DUI cases. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
