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For a DUI in Oklahoma with a low BAC can the charge be reduced?
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DUI in Oklahoma is a criminal offense that carries with it criminal penalties. If your BAC is above the legal limit of .08 percent, this means you may be facing jail time, court mandated community service, a drivers license suspension, fines and other penalties. The consequences can be very severe, and as such many defendants hope to plead their cases down in order to face less serious charges.
Your ability to plead your DUI charges down will depend on a number of different factors. One of the most common options normally available to those who get DUI charges is a wet reckless, which is essentially a reckless driving conviction related to alcohol. However, in Oklahoma, there is no "wet reckless" crime made available by statute. This means that if you are going to plea bargain the DUI charges down, you'll need to arrange a specific plea bargain based on your circumstances with the prosecutor in charge of your case.
Whether or not your prosecutor will allow you to arrange a plea bargain is up to him. Having a low BAC may help convince him that plea bargaining with you is a good idea, since you may be able to otherwise mount a defense in court. If the offense is your first one, then this may also help convince the prosecutor that you should be able to have the charges reduced for your DUI arrest.
If you do hope to be successful at having your DUI charges reduced, it is in your best interests to get advice from a lawyer. Your attorney can work on your behalf to negotiate a plea bargain with the prosecutor that allows you to face less serious penalties than you might otherwise have to deal with based on DUI charges.
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