Can a DWI Be Reduced in California?

Facing a Driving While Intoxicated (DWI) charge in California can be overwhelming. The potential consequences include heavy fines, license suspension, and even jail time. However, in some cases, a DWI charge may be reduced to a lesser offense. 

As an experienced criminal defense attorney at the Law Offices of Andrew C. Janecki in Santa Cruz, California, I work closely with clients to understand their situation and explore every legal option. California law allows for the reduction of DWI charges under specific circumstances, and pursuing a reduction can make a significant difference in the outcome of a case.

DWI Charges in California

In California, a DWI—commonly referred to as a DUI (Driving Under the Influence)—is a criminal offense under the California Vehicle Code. 

The law prohibits operating a vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. A DWI charge is serious and carries penalties that can affect a person’s personal and professional life.

The severity of the penalties depends on several factors, including prior offenses, BAC level, and whether the incident caused injury or property damage. California law treats repeat offenses more harshly, and certain aggravating factors, such as having a minor passenger or refusing a chemical test, can increase penalties. 

Despite these strict regulations, it’s sometimes possible to reduce a DWI charge through skilled legal representation and a thorough understanding of criminal defense.

How a DWI Charge May Be Reduced

In some situations, a DWI charge may be reduced to a lesser offense through plea bargaining. Plea bargaining allows the prosecution and defense to reach an agreement where the defendant pleads guilty to a reduced charge in exchange for lighter penalties. 

This process can be beneficial when the evidence against the defendant isn’t particularly strong, or when mitigating circumstances exist.

A common criminal defense reduction for a DWI charge in California is a "wet reckless" or a "dry reckless" charge. Each carries fewer penalties than a full DWI conviction but still has legal consequences. Understanding the difference between these charges and how they may apply is an important part of criminal defense strategy.

Wet Reckless Charges

A "wet reckless" is a reduced charge under California Vehicle Code Section 23103.5. It refers to reckless driving involving alcohol but carries less severe penalties than a standard DWI conviction. This charge is often negotiated when the prosecution’s case has weaknesses or when the defendant has no prior criminal record.

While a wet reckless charge still acknowledges alcohol involvement, it generally results in lower fines, shorter probation, and fewer long-term consequences. 

However, it remains on the individual’s record and can be used to enhance future DWI charges if another offense occurs. Despite these limitations, many clients find that reducing a DWI to a wet reckless charge significantly improves their situation.

Dry Reckless Charges

A "dry reckless" charge is also defined under California Vehicle Code Section 23103 but doesn’t involve alcohol or drugs. This charge carries even fewer penalties than a wet reckless and is viewed more favorably by employers and insurance companies.

Securing a dry reckless charge instead of a DWI can prevent the automatic suspension of a driver’s license and may lead to lower insurance premiums. In criminal defense cases, this reduction is often sought when evidence of intoxication is weak, or when procedural errors occurred during the arrest.

Factors That May Support a Charge Reduction

Not every DWI charge in California is eligible for criminal defense reduction, but several factors can increase the chances of securing a favorable outcome. As a criminal defense attorney, I evaluate every aspect of a case to identify potential weaknesses in the prosecution’s argument and opportunities for negotiation.

Certain conditions that may support a reduction include:

• Low BAC levels: If the defendant’s BAC was near the legal limit of 0.08%, the prosecution may be more willing to consider a reduced charge. BAC levels below 0.10% are often viewed as less serious than higher readings.

• Lack of prior offenses: First-time offenders are often eligible for charge reductions, especially when no aggravating circumstances exist. Courts are more inclined to offer leniency to individuals without a prior criminal record.

• Questionable evidence: If the evidence supporting the DWI charge is weak or unreliable, this can create opportunities for a reduction. Issues with breathalyzer calibration, improper field sobriety testing, or procedural errors during the arrest can undermine the prosecution’s case.

• No accidents or injuries: DWI cases that don’t involve accidents, property damage, or personal injury are generally easier to reduce. The absence of harm to others can make prosecutors more open to negotiation.

The Impact of a Reduced Charge

Reducing a DWI charge in California can provide significant benefits. A reduced charge often means lighter penalties, a lower likelihood of license suspension, and fewer long-term consequences. Additionally, a reduced charge can mitigate the impact on employment opportunities, insurance rates, and personal reputation.

When a DWI is reduced to a wet reckless or dry reckless, the court typically imposes shorter probation periods, lower fines, and fewer mandatory programs. In some cases, a reduction can help clients avoid jail time altogether. 

For individuals holding professional licenses, securing a charge reduction can prevent disciplinary actions that might jeopardize their careers.

Legal Defenses That May Lead to a Charge Reduction

A successful criminal defense strategy often involves challenging the evidence and legal procedures surrounding the DWI arrest. By identifying weaknesses in the prosecution’s case, it becomes easier to argue for a reduced charge or even a dismissal.

Common defenses that may lead to a charge reduction include:

• Improper traffic stop: If the initial traffic stop lacked probable cause, evidence obtained during the stop may be inadmissible in court. Without this evidence, the prosecution’s case weakens, increasing the likelihood of a charge reduction.

• Faulty testing procedures: Breathalyzer and blood tests must be conducted according to strict guidelines. Errors in administering these tests or in handling evidence can cast doubt on the reliability of the results.

• Medical conditions: Certain medical conditions, such as acid reflux or diabetes, can lead to inaccurate breathalyzer readings. If medical evidence suggests an alternative explanation for elevated BAC levels, it may support a charge reduction.

• Witness testimony: Eyewitness accounts and expert testimony can challenge the prosecution’s narrative and provide alternative explanations for driving behavior.

Exploring Options for Charge Reduction

California law allows for charge reductions in certain DWI cases. Prosecutors may be willing to negotiate when legal arguments highlight weaknesses in their case. Understanding the available options and how they may apply to a specific situation can make a difference in the outcome.

In some cases, alternative sentencing options may also be available as part of a plea agreement. These could include attending alcohol education programs, performing community service, or participating in a diversion program instead of facing harsher penalties. 

Courts may be more inclined to offer these alternatives to first-time offenders or those who demonstrate a commitment to addressing any underlying issues related to the offense.

Each case is unique, and the likelihood of securing a charge reduction depends on the specific details involved. Factors such as the strength of the prosecution’s evidence, prior criminal history, and willingness to comply with court-ordered programs all play a role in determining the possible outcomes. 

Understanding these aspects can help in evaluating the best course of action for minimizing the consequences of a DWI charge.

The First Steps

If you’re facing a DWI charge, it’s important to explore all legal options. At the Law Offices of Andrew C. Janecki, I’m committed to providing strong criminal defense for individuals throughout California. I’m proud to serve Santa Cruz, California, and the surrounding areas of Palo Alto, San Jose, San Francisco, and Berkeley. Contact my firm today to get started.