Is There a Possibility of Getting a DUI Reduced?

Facing a DUI charge in Montana can be a daunting experience. However, there are circumstances under which a DUI charge may be reduced, potentially mitigating the long-term consequences. This article explores the potential for reducing a DUI charge and the factors that may influence this possibility, particularly within the jurisdiction of Montana.

A DUI (Driving Under the Influence) charge typically arises when an individual is found operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or the individual is determined to be impaired, or in other words, unsafe to drive. The consequences of a DUI conviction can be severe, including fines, license suspension, and even jail time. However, there are ways to potentially reduce these charges, depending on the specifics of the case.

Several factors can influence the possibility of getting a DUI charge reduced in Montana:

• First-Time Offender: First-time offenders may have a better chance of getting their charges reduced compared to repeat offenders.
• Legal Representation: Having a skilled DUI attorney, like those at Holloway and Hulling, can make a significant difference in negotiating a reduction.
• Plea Bargains: Entering a plea bargain can sometimes result in reduced charges.
• Circumstances of the Arrest: If there were legal violations of constitutional rights, or procedural errors during the arrest, such as an improper stop, failing to properly advise an individual of their rights, or administration of field sobriety tests, it might be possible to challenge the validity of the DUI charge.
• Rehabilitation Efforts: Demonstrating a commitment to rehabilitation, such as attending alcohol education programs and other proactive measures can sometimes lead to beneficial plea negotiations. 

• “Wet Reckless”: This is a lesser charge often used in plea bargains for first-time offenders when the facts and circumstances of the case support a negotiated reduction. It is a charge of reckless driving involving alcohol and carries less severe penalties than a standard DUI.

Negligent Endangerment: In some cases, a DUI charge may be reduced to negligent endangerment. Negligent Endangerment carries more potential jail time than a DUI 1st offense, but it is largely considered a less serious offense in the legal community because it does not affect driver’s license, is not a stackable offense, and is more easily expungeable than a DUI.

Expungement refers to the legal process of removing a conviction from a person’s criminal record. In Montana, the possibility of expunging a DUI conviction is limited and subject to specific conditions.

Conditions for Expungement

Montana law allows for the expungement of certain misdemeanors, including some DUI offenses, under the following conditions:

• Waiting Period: A significant period must pass without any further criminal convictions. This period can vary but is often several years.
• Completion of Sentence: The individual must have completed all terms of their sentence, including fines, community service, and probation.
• Rehabilitation: Evidence of rehabilitation, such as completion of an alcohol treatment program, may be required.

Judicial Approval: Ultimately, a judge must approve the expungement, considering factors such as the nature of the offense and the individual’s behavior since the conviction.

Holloway and Hulling specializes in DUI defense and employs various strategies to defend clients against DUI charges, aiming to reduce or dismiss the charges.

Challenging Evidence

An essential strategy in DUI defense is challenging the evidence presented by the prosecution. Holloway and Hulling use a meticulous approach to scrutinize every aspect of the evidence, looking for weaknesses or procedural errors.

• Field Sobriety Tests: These tests are subjective and can be influenced by various factors, including the individual’s physical condition, weather conditions, and the instructions given by the officer. An experienced attorney will investigate whether the tests were administered fairly and correctly and if there were any conditions that could have affected the results.
• Breathalyzer Results: Breathalyzer machines must be properly maintained and calibrated to provide accurate results. The defense will request maintenance logs and calibration records to ensure the device was functioning correctly at the time of the test. Additionally, factors such as medical conditions (e.g. acid reflux and diabetes) can affect breathalyzer results, and these must be considered.
• Blood Test Procedures: Blood tests are considered more accurate than breathalyzers, but they are not infallible. The defense will examine the chain of custody for the blood sample, the procedures followed during the draw, and the testing process to ensure there were no errors or contamination.

Negotiating plea deals is a critical component of DUI defense, especially when the evidence against the defendant is substantial. A skilled attorney from Holloway and Hulling will engage in negotiations with the prosecutor to reach a favorable outcome.

• Wet Reckless: This is a common plea bargain for DUI charges, where the defendant pleads guilty to a lesser charge of reckless driving involving alcohol. The penalties for a wet reckless are less severe than for a DUI and can include reduced fines and no license suspension. 
• Reduced Sentences: In some cases, the defense can negotiate for reduced sentences, such as community service instead of jail time, or participation in alcohol education programs in lieu of harsher penalties. This approach often depends on the defendant’s criminal history, the specifics of the case, and the willingness of the prosecutor to negotiate.

Charge Dismissal: While more challenging, in some instances, the defense may negotiate for a complete dismissal of charges, particularly if there are significant issues with the prosecution’s evidence or procedural errors.

Diversion programs offer an alternative to traditional sentencing, focusing on rehabilitation rather than punishment. These programs can be particularly beneficial for first-time offenders or those with substance abuse issues.

• Eligibility Criteria: Not all defendants qualify for diversion programs. Eligibility often depends on factors such as the severity of the offense, the defendant’s criminal history, and their willingness to participate in rehabilitation efforts. Holloway and Hulling can assess eligibility and advocate for this option when appropriate.
• Program Components: Diversion programs typically include a combination of alcohol education classes, community service, and regular monitoring or counseling sessions. Successful completion of the program can result in reduced or dismissed charges, helping the defendant avoid a permanent criminal record.
• Long-Term Benefits: Participation in a diversion program demonstrates a commitment to rehabilitation, which can be favorably viewed by the court. It also helps the defendant address underlying issues, such as substance abuse, reducing the likelihood of reoffending in the future.

By challenging evidence, negotiating plea deals, and exploring diversion programs, Holloway and Hulling provide comprehensive defense strategies to achieve the best possible outcomes for their clients facing DUI charges in Montana.

Facing a DUI charge without legal representation can be overwhelming and detrimental to your case. Holloway and Hulling law firm offers comprehensive legal support to those charged with DUI in Montana. Their experienced attorneys provide:

• Case Evaluation: Thoroughly examining the details of the case to identify potential defenses.
• Legal Guidance: Advising clients on their rights and options throughout the legal process.

Aggressive Defense: Employing aggressive defense strategies to achieve the best possible outcome.

While facing a DUI charge in Montana is serious, there are opportunities to reduce or expunge the charge under certain conditions. Working with experienced DUI attorneys like those at Holloway and Hulling can significantly improve the chances of achieving a favorable outcome. Whether through challenging evidence, negotiating plea deals, or exploring diversion programs, a skilled attorney can provide invaluable assistance in navigating the complexities of DUI defense.

For more detailed information or to discuss your case, contact Holloway and Hulling for a free consultation.