Can I get a low BAC DUI in Virginia reduced to a non-criminal ticket?

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Question:

Can I get a low BAC DUI in Virginia reduced to a non-criminal ticket?

Answer:

In Virginia a Blood Alcohol Content (BAC) that results in a Driving Under the Influence (DUI) charge is serious. Some states differentiate between a DUI and a DWI (Driving While Intoxicated); however, Virginia is not one of these states. In these states a DUI is a lesser charge meaning there was a lesser degree of intoxication involved. They also allow, in some cases, for the more serious charge of DWI to be reduced to a DUI. For Virginia, any blood alcohol level over a specified limit is a crime and will be punished whether it was a lot or a little over that limit.

There are lawyers who know and understand the system well enough that they may be able to get a criminal charge reduced to the level of a civil offense. This could save you thousands in fees, fines and car insurance rate increases, not to mention keeping your criminal record clean.

If that isn't a possibility, some complex cases where an unsympathetic judge won't reduce a charge out of principle, other arguments might be made to reduce the sentence. For example, if you offer to attend driver improvement classes, or make the case that there were extenuating circumstances that lead to hardship case. Whatever you can do to avoid getting a criminal record should be done. Remember criminal records show up on background checks, affecting you ability to get a job, an apartment, or a loan.

Overall, prosecutors are not normally inclined to reduce DUI charges to a non-criminal charge. Nevertheless, the details of your case could make a difference. Consider getting a good Virginia DUI attorney and fighting the charge the best you can.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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