Boise, ID asked in DUI / DWI for Idaho

Q: I blew a .206 and got charged with a excessive dui...Is there a possibility that my charge could get reduced to a

regular first time offense dui, since its so close to a .199 (which would not be considered excessive).

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1 Lawyer Answer
Christi Lynn Schofield
Christi Lynn Schofield
  • DUI & DWI Lawyer
  • Boise, ID
  • Licensed in Idaho

A: It's possible to get it reduced but in no way guaranteed. The possibility depends on several factors, such as prior criminal history (not just prior DUI history), the facts of the case, what your other blow was (you should have two separate blows), cooperation with law enforcement, etc. If the first blow was below .20 and your second blow was sightly over, there's a stronger argument that your BAC was under .20 when you were in actual physical control of the car and it therefore shouldn't be an excessive DUI. I would consult with an experienced criminal defense attorney in your county.

Kevin M Rogers agrees with this answer

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