May 27, 2011 | Uncategorized
Half my clients want to know if I can make their DUI go away. The other half want to know if I can get them a deal.
The most common deal offered is a reduction from to reckless operation. This usually requires that no aggravating facts exist.
Things that can prevent a reduction are a prior offense, too high of a test, being rude to the police officer, an accident, etc. In this blog I would like to talk more about having a test that is too high.
A breath test result over 0.080 grams of alcohol per 210 liters of breath will be charged as a DUI. That is the level of alcohol in the body that the law prohibits when operating a vehicle.
A “high tier” test causing an increase in the mandatory minimum penalties begins at 0.170 and up. That begs the question of what is too high for a reduction.
Most tests very close to a result of 0.080 can be reduced on a first offense unless there are aggravating facts in the case. In tests over 0.100 most prosecutor’s will not give a reduction to reckless operation without some significant defect in the case.
Defects can only be revealed after diligent examination of all the evidence. This means not just relying on the evidence given by the prosecutor.
I always tell people that a plea to reckless operation is only a good deal if the state can prove its case against you. Otherwise, it is almost all of the same penalties as a DUI, it just has a different name.
When you are over 0.100 that is not the end of all deals. One alternative that has proven successful in negotiations with prosecutor’s is an agreed sentence that is more than the minimums given on a plea to a first in time reckless operation.
As always, it is the client’s choice to take a plea or fight the case. Be informed. Ask your lawyer what the benefits, risks, and chances of a plea are. Each case is unique.
And remember, if you or a family member has been arrested for DUI in the Akron Area – give our office a call at 330-564-1126….24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a former police officer and two former prosecutors to work….for you!