Can DWI Charges Be Reduced to Reckless Driving in Charlotte?

When you have been arrested and charged with DWI charges, you need to take an honest look at your case. It can be uncomfortable, but you should understand the evidence that is favorable to prove your innocence and against you. You need to recognize the strength of the prosecutor’s case versus the strength of your defense. It is essential you prepare for the best and worst outcomes.

The best way to obtain this analysis of your case is to work with an experienced Charlotte DWI lawyer at Randall Law, Criminal Defense Attorneys. Our attorneys will review your case and discuss with you the possible options, such as filing a motion to dismiss, defending you at trial, or negotiating a reduction of your charges.

To speak with one of our Charlotte criminal defense lawyers, contact us through our online contact form, or call (980) 237-4579 to schedule an initial case evaluation.

North Carolina DWI Laws: What You’re Facing

North Carolina General Statute (NCGS) §20-138.1 defines and prohibits impaired driving. The law states you can be convicted of driving while impaired if you operate any vehicle upon any highway, street, or public vehicular area within the state:

• While under the influence of an impairing substance (alcohol, drugs, or both)
• With a blood alcohol concentration (BAC) of 0.08% or higher
• With any amount of a Schedule I controlled substance (or its metabolite) in your blood or urine

It’s essential you review the statute and understand that you can be convicted of a DWI when your BAC is above the legal limit, or when your BAC shows it is under .08. A prosecutor does not need a BAC above .08 to obtain a conviction, although a high BAC can strengthen their case. If your BAC was not at or above the legal limit, then you should speak with a DWI attorney about your options moving forward.

Can You Get a Plea Bargain for a DWI in North Carolina

In North Carolina, plea bargains that include a prosecutor reducing DWI charges are rare. A prosecutor must state in court why they are reducing a DWI to another charge, such as reckless driving. Under NCGS §20-138.4, a prosecutor must enter detailed facts into the court record of any case subject to North Carolina’s implied consent law, or any case involving driving with a revoked license for an impaired driving charge and explain in open court (and in writing) the reasons why they are:

• Voluntarily entering a dismissal
• Accepting a guilty or no contest plea to a lesser offense
• Substituting another charge, “if the substitute charge carries a lesser mandatory minimum punishment or is not a case subject to the implied consent law”
• Otherwise, taking an action that effectively dismisses or reduces the original charge in a case subject to the state’s implied consent law

Because of this statute, prosecutors hesitate to reduce DWI charges to reckless driving. The law specifically states that an explanation of the reduction being in the interests of justice or because there is inadequate evidence is not sufficient enough detail. The judge will require more facts and details as to why the prosecutor is dismissing or reducing your charge.

After hearing the prosecutor’s argument, the judge then has the opportunity to agree or disagree with this choice. If the judge does not agree with the prosecutor’s reasoning for the dismissal or reduction, it can be denied.

Why DWI Reductions to Reckless Driving Are Uncommon

Because the law requires such specific justifications, many prosecutors are hesitant to reduce DWI charges to reckless driving. Judges often scrutinize these requests closely, especially in implied consent law cases or those involving driving with a revoked license after an impaired driving conviction.

This means your attorney should focus on challenging the evidence from the start, whether that’s:

• Questioning the legality of the traffic stop
• Disputing breathalyzer or field sobriety test results
• Highlighting procedural errors by law enforcement

Your Defense Options After a DWI Arrest

Every DWI case is different, but your possible defenses may include:

1. Filing a motion to dismiss if the evidence is weak or the stop was unlawful
2. Negotiating a plea bargain in rare cases where a reduction is possible
3. Taking your case to trial to fight for a not-guilty verdict

At Randall Law, we help you understand the risks and benefits of each approach so you can make an informed decision.

Charged with a DWI in Charlotte? Randall Law Can Help.

Because reductions are rare, you need a Charlotte criminal defense lawyer who can aggressively challenge the prosecution’s case. If the judge won’t dismiss your charges, we’ll prepare for trial with a defense strategy tailored to your circumstances.

To schedule a confidential initial evaluation of your case, contact us today at (980) 237-4579 or fill out our online contact form. We defend clients in Charlotte, Mecklenburg County, and across North Carolina against DWI, reckless driving, and related charges.