Recent data from the Washington State Department of Transportation (WSDOT) shows a concerning rise in alcohol-related crashes this year, with 2,291 incidents reported in 2024 so far.
Washington follows a strict process for DUI cases. If you’re facing a DUI charge in Port Orchard, Washington, you may wonder if there’s a way to avoid the severe consequences of a conviction. In some cases, negotiating a different charge can be a viable option, significantly reducing the impact of your DUI arrest. However, navigating this complex legal process requires careful consideration and guidance from experienced legal professionals.
At LaCross & Murphy, our team understands how stressful and overwhelming a DUI charge can be. Our Port Orchard criminal defense attorneys are here to provide support and explore every option available to you.
What Counts as DUI in Washington?
In Washington, a DUI is a serious offense governed by RCW 46.61.502, which outlines the penalties for those convicted. The consequences of a DUI charge in Washington can include:
- Fines ranging from $940 to over $5,000
- Jail time, with mandatory minimum sentences starting at one day
- License suspension for 90 days to several years
- Installation of an ignition interlock device on your vehicle
Given the severity of these penalties, many individuals hope to reduce their charges to lesser offenses, such as reckless or negligent driving, which come with lighter consequences.
What Goes into Negotiating a DUI Charge to a Different Charge?
Negotiating a different charge in a DUI case involves a strategic discussion between your attorney and the prosecutor. The goal of negotiations is for your attorney and the prosecutor to reach an agreement to amend the initial DUI charge to a less severe offense, such as reckless driving.
This negotiation can hinge on factors like the defendant’s driving history, blood alcohol content (BAC), and the circumstances surrounding the arrest, but it’s important to note that almost all DUI cases can be negotiated. The key to a successful negotiation is having a skilled DUI attorney by your side who will leave no stone unturned.
Lesser Charges That May Be Available
In some cases, prosecutors in Kitsap County, including Port Orchard, may allow a DUI charge to be reduced to one of the following lesser offenses:
1. Reckless Driving
Reckless driving in Washington involves operating a vehicle with willful disregard for the safety of others. It carries a maximum penalty of 364 days in jail and a $5,000 fine, but it is less severe than a DUI conviction.
A reckless driving conviction may still result in a license suspension, but the duration is often shorter than for a DUI.
2. Negligent Driving in the First Degree
Negligent driving involves operating a vehicle in a manner likely to endanger people or property due to intoxication. This charge carries a lower fine and no mandatory jail time. For first-time offenders, it often does not result in a license suspension.
This is often an option for individuals with lower BAC levels or no prior offenses.
When Can a DUI Charge Be Reduced?
Several factors may influence whether a DUI charge can be reduced to a lesser offense, such as:
- First-Time Offenders: If this is your first DUI, the prosecutor may be more willing to negotiate an alternate resolution to your case.
- Low BAC Levels: If your blood alcohol concentration (BAC) is just above the legal limit, a lesser charge may be more appropriate.
- No Aggravating Factors: If your DUI didn’t involve an accident, injury, or other serious circumstances, you may have a better chance of negotiating a reduction.
- Strong Legal Representation: An experienced attorney can effectively negotiate with the prosecutor to seek a favorable resolution.
At LaCross & Murphy, we have extensive experience handling DUI cases in Kitsap County. Having an attorney who will carefully review the details of your case and explore every possible defense or reduction option can significantly make a difference.
Benefits and Drawbacks of Negotiating to a Lesser Charge
When considering your legal options after being charged with a DUI, it’s essential to weigh both the advantages and disadvantages.
Pros
- Reduced Penalties: Lesser charges often come with smaller fines, shorter or no jail time, and fewer long-term consequences.
- Avoiding a DUI Conviction: A DUI conviction stays on your record for life in Washington, affecting your employment and insurance rates. Avoiding this can bring significant relief.
- Faster Resolution: Negotiated resolutions can expedite the legal process, avoiding lengthy court or trial proceedings.
Cons
- Permanent Criminal Record: Even a lesser charge, like reckless driving, will appear on your record, potentially affecting future job opportunities.
- Possible License Suspension: Although lesser charges may carry shorter suspensions, some may still involve driving restrictions.
- Fines and Fees: You may still face fines; higher insurance rates could apply, even with a reduced charge.
At LaCross & Murphy, we’ll weigh the pros and cons of each option with you to ensure you make the best decision for your future.
Contact Our DUI Attorneys at LaCross & Murphy Today
Facing a DUI charge in Port Orchard, Washington, can be intimidating, there is hope in the face of adversity. With an experienced DUI defense attorney at your side, you can work together to potentially negotiate a lesser charge or explore other favorable resolutions. Your attorney will explain all your legal options and support you in making the right choice for you based on the details of your case and personal circumstances.
At LaCross & Murphy, we are committed to helping you explore every available option and fight for the best possible outcome.
If you’re dealing with a DUI charge, don’t wait—contact us today at 360-447-9365 to schedule a consultation. We are always here when you need us most.
