In many cases, the offense that police charge you with is not actually the charge that you face in the end. At Weiner Law Group, we do our very best to get every DUI accusation thrown out of court, but sometimes that simply isn’t possible. It doesn’t mean that we have to give up, though; we just have to change our approach. A reduced charge can keep a DUI off your criminal record, and can make the difference between prison and an alternative. On the other side of the spectrum, a DUI charge can sometimes serve as a reduced charge from something else—vehicular homicide, for example.
We have had great success in convincing prosecutors to lower charges from DUI to reckless driving. This change is possible if the prosecutor can plainly see that he is not going to be able to prove to the court that you were actually driving drunk. As a misdemeanor charge, reckless driving generally carries fewer penalties and less stigma than a DUI conviction. In a few years, you can petition to have your criminal record sealed, and the incident will have no further effect on your future.
Note that felony DUI (2 or more previous convictions, or death or injury as a result of the incident) can also be reduced to a felony reckless driving charge. Your immediate penalties will not be much different, but the long term benefits are significant. The waiting period for sealing the record is shorter than that of a DUI, and there is a reduced effect on future opportunities.
If your accident tragically led to the death of someone else, your DUI charge will be on the level of a felony (felony DUI), even if it is your first offense. If your DUI defense lawyer prevents the prosecutor from proving that you were driving drunk, however, your charge will likely be changed to that of vehicular manslaughter. This offense is defined as causing death through simple negligence and carries misdemeanor penalties.
If you already have three DUI convictions and you are involved in an accident causing death, the prosecution will probably charge you with vehicular homicide. This offense carries the possibility of a life sentence in prison, so getting the charges reduced is essential. A common deal is to plead guilty to felony DUI, avoiding a life sentence in favor of a maximum twenty years in prison. Twenty years is a long time, but it is preferable to life behind bars.
DUI charges are serious crimes. You need the help of an experienced Las Vegas DUI attorney. Call 702-202-0500 or fill out our contact form.