If you have been arrested for a DUI, you may be wondering if it is possible to have the charge reduced to reckless driving. The answer to this question depends on several factors, including your criminal history and the facts of your case. In this article, we will discuss how DUI charges can be reduced to reckless driving and what you can expect if you decide to take this route.
Can You Get a DUI Reduced to Reckless Driving?
Depending on the circumstances, you may be able to get your DUI reduced to a reckless driving through a plea bargain.
A first time DUI in Arizona is a misdemeanor offense. It carries an automatic suspension of your license for 90 days. Once you are charged with the DUI, you have 15 days to request a hearing with the Motor Vehicle Department. If you don’t, your license will remain suspended for 90 days.
Note: There are several defenses you can assert to defeat a DUI charge. Those include:
- The traffic stop was unlawful or unsupported by probable cause
- The field sobriety test were not conducted properly
- Your Blood Alcohol Content was below the legal limit
- The breathalyzer was not working properly
- You were not given a proper blood, urine, or breathalyzer test
How to get a DUI Reduced to Reckless Driving
Various factors determine the likelihood that you will be able to negotiate a reduced charge, including
- Whether you have prior DUI charges
- Whether your DUI arrest involved an automobile accident that led to injuries
- The level of your Blood Alcohol Content at the time of arrest
- Whether you have a history of criminal or traffic offenses
- Whether there are additional charges with the DUI
A DUI attorney can determine if a plea bargain is the best option for your case and work with the prosecutor to get the charge reduced or can identify any deficiencies or defenses in the state’s case against you.
Because of Arizona’s tough DUI laws, it difficult to get a DUI charge dismissed entirely. You may be able to have the charge reduced by accepting a plea bargain.
There are several advantages to pleading guilty to a reckless driving including,
- Reduction in jail time
- Lower fines
- Shorter probation period
- No automatic suspension of your license
Also, a DUI has lasting repercussions that extend beyond criminal issues. A DUI can substantially increase the rate you pay for your automobile insurance, and it can impact your professional life as well.
It’s important to have your arrest reviewed by an experienced DUI attorney to determine if your DUI can be negotiated down.
Stewart Salwin
Stewart Salwin is the founder and lead attorney at Salwin Law Group, a criminal defense law firm based in Scottsdale, Arizona, just outside of the greater Phoenix area. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.
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