Facing a DUI charge can be stressful, and some people wonder whether a plea deal could reduce it to something less serious. In some cases a prosecutor may be willing to discuss a lesser charge, such as reckless driving, depending on the facts and the evidence. Whether an offer is made, and what it includes, is up to the prosecutor and the court. No attorney can promise one.
If you are considering a plea deal in your DUI case, speak with a licensed criminal defense attorney in Columbia about your options. A South Carolina attorney at our firm must review the facts of your case before you rely on any general information on this page. Call Touma Law at (803) 879-4499 to discuss your situation.
Charges a DUI Could Be Reduced To
In South Carolina, a DUI charge is sometimes resolved with a plea to a different charge, depending on the circumstances and on discussions between the defense attorney and the prosecution. These are charges that sometimes come up.
Reckless Driving
Reckless driving is one charge that sometimes comes up in DUI negotiations. It applies when a person drives with a willful or wanton disregard for the safety of persons or property, and it does not require proof of alcohol or drug impairment (S.C. Code Ann. § 56-5-2920).
A first conviction carries a fine of $25 to $200 or up to 30 days in jail. A second or subsequent offense within five years carries a three-month license suspension (S.C. Code Ann. § 56-5-2920). Reckless driving also adds 6 points to your driving record (S.C. Code Ann. § 56-1-720). Its penalties are generally lower than those for a DUI conviction.
”Wet Reckless”
“Wet reckless” is an informal term and not a separate offense in the South Carolina Code. It is used to describe a reckless driving plea in a case that started as a DUI and involved alcohol or drugs. The legal penalties are those for reckless driving under § 56-5-2920, and whether a prosecutor will agree to such a plea depends on the case, including the strength of the evidence.
Driving with an Unlawful Alcohol Concentration (DUAC)
If the DUI is based on an alcohol concentration of 0.08 percent or more, a plea deal might reduce the DUI charge to a DUAC charge (S.C. Code Ann. § 56-5-2933). This is not a way to avoid DUI-level consequences. The DUAC statute has the same penalty structure as the DUI statute, including fines, possible jail time, mandatory enrollment in an Alcohol and Drug Safety Action Program and license suspension. A DUAC conviction also counts as a prior offense for later DUI charges (S.C. Code Ann. § 56-5-2930(D)).
Possession of Alcohol by a Person Under 21
If the driver is under 21 and the case involves alcohol, a plea to the underage alcohol offense might be discussed in some cases. The offense is a misdemeanor punishable by a fine of $100 to $200 or up to 30 days in jail, or both, plus an approved alcohol prevention education or intervention program of at least eight hours (S.C. Code Ann. § 63-19-2440).
Whether any of these resolutions is available depends on the facts of the case, the evidence and the prosecutor. Your DUI defense lawyer can review the situation with you and explain what is realistic.
Factors That Can Influence a Plea Discussion
Defendants in many DUI cases have the chance to discuss a plea with the prosecution. Several factors can affect whether an offer is made and what it includes.
Prior Criminal Record
A clean or minimal criminal history may make a plea offer more likely, while prior DUI offenses within the previous ten years may limit the options. Prior offenses also change the penalty range under the statute (S.C. Code Ann. § 56-5-2930).
Strength of the Evidence
The strength of the evidence plays a role in discussions. Questions about breath or blood test results, how field sobriety tests were given, or whether the arrest followed the law may affect how a prosecutor views the case. Strong evidence may make a reduction less likely.
First-Time Offender Status
First-time DUI offenders are sometimes in a different position than repeat offenders, since the penalty ranges are lower and there is no prior record to consider. That does not mean a reduction will be offered.
The Impact of Aggravating Factors
Circumstances such as causing an accident, a high alcohol concentration or a child passenger can make a reduction less likely. Some of these circumstances create separate charges or higher penalty ranges under South Carolina law.
Steps Taken After the Arrest
Completing an alcohol assessment, counseling or education may be considered by a prosecutor. It does not guarantee any offer, and you should talk with your attorney before taking steps that could affect your case.
Prosecutor’s Discretion
The prosecutor’s view of the case is a key factor. Prosecutors weigh the evidence, the facts and their own policies, and different prosecutors can handle similar cases differently.
The Defense Attorney’s Role
Your attorney can present arguments or mitigation information to the prosecutor and can explain what resolutions have been discussed in cases in a particular court. Results vary and cannot be predicted.
Potential Impact on Driving Privileges
A different charge can change license consequences. A DUI or DUAC conviction leads to a license suspension and an ignition interlock requirement (S.C. Code Ann. § 56-5-2990), while reckless driving has different rules. Your attorney can explain how a particular plea would affect your license.
In summary, whether a DUI can be reduced depends on factors like the evidence, your criminal history, the circumstances of the offense and the prosecutor’s position.
Should You Take a Plea Deal for a DUI?
If you are debating taking a plea deal, you should understand the possible benefits and drawbacks. The decision is yours, and it is best made after you review the facts with your attorney.
Possible Benefits of a Plea Deal
A plea deal can offer some advantages in some cases:
- Different Penalties: A plea to a lesser charge, such as reckless driving, may carry lighter penalties than a DUI conviction. For example, reckless driving carries a $25 to $200 fine or up to 30 days in jail (S.C. Code Ann. § 56-5-2920).
- Avoiding a DUI Conviction: A plea to a charge other than DUI can mean you do not have a DUI conviction on your criminal record. A DUI conviction can have long-term consequences for work, travel and professional licensing.
- Different License Consequences: A DUI conviction results in a license suspension and ignition interlock requirement. A lesser charge may have different license consequences.
- Possibly Avoiding Jail Time: A plea may reduce or remove jail exposure, depending on the charge and the sentence the court imposes.
- Insurance: Insurers can raise premiums after a DUI conviction. A plea to a different charge may affect premiums differently, but insurers set their own rates.
- A Faster Resolution: A plea can end the case sooner than a trial.
Possible Drawbacks of a Plea Deal
A plea deal also has downsides to consider. Accepting a plea may involve:
- A Conviction on Your Record: A plea typically means pleading guilty or nolo contendere to a charge. The conviction can still carry consequences, even if the charge is less serious than DUI.
- Continuing Consequences: Even a reduced charge, such as reckless driving, can come with fines, points and other penalties. It may not be the clean result you hope for.
- Giving Up Your Trial Rights: By pleading, you give up your right to contest the charge at trial, where you could challenge the evidence before a judge or jury. A person charged with DUI has a right to a jury trial (S.C. Code Ann. § 56-5-2935).
- Effect on Future Charges: Whether a conviction counts as a prior offense depends on the charge. A plea to DUAC counts as a prior for a later DUI under S.C. Code Ann. § 56-5-2930(D). If you are arrested for a repeat DUI, your attorney can explain how earlier convictions are counted.
- Reputation: A reckless driving or other conviction can still show on background checks and driving records, which employers may review.
- Conditions of a Sentence: A sentence may include fines, community service, probation or alcohol education, which can take time and effort.
- Limits on Appeal: A guilty plea generally limits your ability to challenge the conviction later. Ask your attorney what rights you would keep.
Weigh these points carefully with a licensed South Carolina attorney before making a decision.
Contact Us To Discuss Your DUI Case
A plea deal is one of several ways a DUI case can end, and it is a serious decision with lasting effects. If you are facing a DUI charge, speak with an attorney before you decide how to proceed. Contact Touma Law to discuss your situation and your options.
