Fairfax DUI negotiations for wet reckless seem more favorable with a blood alcohol content result of 0.10 or lower

Fairfax DUI negotiations for a wet reckless disposition seem to favor blood alcohol content (BAC) testing results of 0.10 or less. If the BAC testing was by blood draw rather than breath test, that BAC level for such negotiations might climb even higher. As a Fairfax DWI lawyer, I point this out as DUI defendants in this county consider possible negotiating options in their cases, and to underline that each prosecutor has a range of negotiating discretion. Consequently, it is unwise to go to court expecting an automatic wet reckless plea offer for a BAC of 0.10 or less, particularly where a favorable plea deal commonly is backed up by the threat to the prosecutor of having to invest the extra time into a trial if the case does not in fact settle.

Fairfax County, Virginia’s overhaul of the old prosecutorial regime opens new opportunities for DUI and other case negotiations

The pandemic that soon followed the inauguration of current Fairfax Commonwealth’s Attorney Steve Descano delayed DUI and criminal defense lawyers’ ability to learn the changes his office would make in negotiating and other prosecutorial approaches, after a much different prosecutorial approach ran that office for over a half century. The prior chief prosecutor’s office did not seem as ready to offer wet reckless driving in Fairfax DUI negotiations as with the current prosecutorial administration.

Am I guaranteed a wet reckless driving offer for my Fairfax DUI case for a BAC reading of up to 0.10?

It seems discretionary in prosecutors and not guaranteed for Fairfax DUI negotiations to achieve a wet reckless offer for a BAC up to 0.10. Factors that can affect such negotiations include who the prosecutor and judge are, the defendant’s prior criminal record, the circumstances of the incident (for instance whether an accident was involved, the seriousness of any accident, and any nexus between any accident and drinking behavior), and the extent to which the accused has made seriously concrete self rehabilitation steps.

If I am offered wet reckless driving, is there a standard agreed sentence?

Just as prosecutors in Fairfax DUI negotiations have discretion whether to offer a wet reckless plea offer, or not, they also have discretion about the terms and conditions to offer for such a disposition, including but not limited to the amount of suspended and active jail time, the fine amount, and the extent to which alcohol ignition interlock usage will be demanded for a few months. Many people would rather risk a DWI conviction under Virginia Code § 18.2-266 with trial than to admit to reckless driving with conditions that are difficult to digest.

If negotiations on my first court date do not yield a wet reckless result, what is my recourse?

One of three things will happen on your Fairfax DUI District Court date: Your case will proceed to trial, your case will resolve by negotiations or a dismissal, or the case will get continued (Virginia procedure typically permits an in-court continuance of the first trial date). Typically in Fairfax a prosecutor and judge are assigned to your courtroom and not your case for a DUI charge or other misdemeanor in General District Court, meaning that a continuance gives you a new start with Fairfax DUI negotiations. Or, you may simply decide to proceed to trial.

Fairfax DUI lawyer Jonathan Katz has successfully defended hundreds of DWI defendants. Learn the positive difference that Jon Katz can make to your Virginia DUI defense, by a free initial in-person confidential consultation about your court-pending case, at 703-383-1100.