I have been charged with a DUI 4th offense in 10 years. I have no felony charges on my record. My other DUI charges are DUI 1st and two DUI 2nd offenses. Can this charge still be considered a "wobbler" and be part of a plea bargain which may reduce this charge to a misdemeanor because of the circumstances of the case?
I don’t know what a “wobbler” is. That is not a term I have heard being used in VA. You need to hire a local experienced DUI attorney who can determine whether your prior convictions can be proven by the prosecutor to start with. Then there is the question of whether the traffic stop was legal, etc. My experience with DUIs in VA is that without some form of defense, this felony with its mandatory minimum jail time will not be amended to a misdemeanor.
Any charge can potentially be reduced if you work out a plea agreement with the Commonwealth Attorney’s Office. However, some Commonwealth Attorneys have different policies when it relates to discretion on DUI charges. Talk to a local attorney who can advise you on possibilities and the defences.
