Depending on the circumstances surrounding your DUI arrest, it may not be possible to negotiate a dismissal of your charges. Often times, a WA DUI attorney will negotiate a lesser charge on your behalf. For example, Negligent Driving in the First Degree is a simple misdemeanor that carries a maximum jail sentence of 90 days and a $1000 fine. In comparison, a DUI is a gross misdemeanor. A gross misdemeanor in WA State has a maximum fine of $5000 and 364 days in jail.
If you are charged with DUI and end up accepting the charges of 1st Degree Negligent Driving, this would be considered a reduction as Negligent Driving is a less serious crime than DUI. In addition, there are no driver’s license consequences for a Negligent Driving charge. A DUI conviction comes with an automatic driver’s license suspension as well as potential requirements such as SR-22 insurance, Ignition Interlock License, alcohol treatment, etc.
While a reduction to Negligent Driving may be a good result in some scenarios, you should speak to a DUI lawyer about your specific case. Factors that determine leverage for negotiations include your criminal history, prior convictions for DUI, blood alcohol content (BAC) level, and police conduct during and after the arrest. Your lawyer will be in the best position to assess all the evidentiary and legal issues pertinent to your case. If a DUI dismissal is not possible, they can advise you on the pros and cons that result from the choices between negotiated settlements and a trial by jury.