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DUI Pleas: Can I Plead My DUI Charges Down to a Wet Reckless?

January 25, 2017

When DUI charges have been filed against you, your plea options will largely depend on:

The circumstances and evidence associated with the arrest and case
Your criminal record (or lack thereof).

To help the accused make the right plea in a DUI case, the following presents some important information about DUI versus wet reckless charges in Colorado – and what motorists can generally do to mount an effective, strong defense against either set of charges following an arrest.

When DUIs Can Be Plead Down to Wet Reckless Charges in Colorado

In Colorado (and across the nation), prosecutors are focused on convicting those accused of impaired driving. This means that they aren’t just going to reduce DUI charges for any case or defendant; special circumstances must exist in order for the reduced charges of wet reckless to be an option.

In general, the lesser plea for DUI cases can be an option if or when:

The accused driver allegedly had a BAC of (or just under) 0.08.
(S)he did not refuse BAC testing during the DUI stop.
The alleged DUI did not involve an accident or other aggravating factors (like additional criminal charges).
The accused driver has never been convicted of a wet reckless or DUI in the past (in Colorado, as well as in another state) – Please note that, for the purposes of determining charges and sentencing in DUI cases, any prior wet reckless conviction will count as a previous DUI conviction.

When it’s possible for the accused to plead DUI charges down to a wet reckless, far lesser penalties (such as – but not limited to – the following) will typically come into play:

Fines
Community service
Alcohol treatment and/or education.

Fighting DUI & Wet Reckless Charges in Colorado

Regardless of whether you’re facing DUI or wet reckless charges, it’s very important to understand that:

There ARE effective strategies for fighting these charges and presenting a strong defense.
An experienced attorney can point out your best legal options and make a big difference in the strength of a DUI defense case.

Generally, some possibilities for fighting DUI or wet reckless charges in Colorado include:

Uncovering the errors or oversights made by police (and/or prosecutors) at any point during the investigation – These mistakes can include anything from procedural errors (like failing to observe the 20-minute waiting period before administering a breathalyzer) to violations of the law/the rights of the accused (like conducting a traffic stop or making an arrest without clear probable cause).
Debunking the BAC test results – Any mistakes made during (or even after) the chemical testing process can make the BAC test results questionable (if not entirely inaccurate).

Of course, however, it’s critical to consult a defense lawyer when you’re ready to get information and advice specific your case and charges.

Don’t Fight DUI Charges Alone: Contact a Denver DUI Lawyer at the Griffin Law Firm

If you have been charged with a misdemeanor or felony DUI in Colorado, you can turn to the Denver DUI lawyer at Griffin Law Firm for experienced, effective defense representation.

Empowered by two decades of criminal justice experience, our attorney understands the complexities of the system, the challenges different defendants can face and the best ways of overcoming these challenges to bring DUI cases to the best possible resolutions.

To speak with our trusted DUI defense lawyer and find out more about your best defense options, just call (303) 280-1070 or email us using the contact form on this page. Our experienced legal team is ready to fight for you – both inside and outside of the courtroom.