Can my DUI get dropped to reckless driving?
How do I know if my DUI charge can be lessoned to reckless driving?
There are many factors to consider when seeking a lessor charge in your DUI case. One of the best decisions you can make is to hire a DUI Lawyer who's both experienced and professional, having handled many DUI cases and is willing to take a chance on you. Some of the factors that may increase your chances favorably in lessoning your charge would include:
- evidentiary issues with malfunctioning equipment or low breath alcohol level
- evidence tainted by police misconduct, such as not having probable cause to stop you
- bad DUI checkpoint
- held and/or detained without probable cause
- officer did not read you your Miranda warnings
All of these look bad on the State, where they would look at the law and potentially reduce the charge rather than have the case dismissed by the court.
Are there any other ways for me to look at aquiring a lessor charge?
Perhaps you were pulled over and required to take a field sobriety test on the side of the road, you passed, but were still arrested for a DUI. In these particular circumstances, it would be in your best interest to have your attorney view any video taken and pinpoint how well you did while taking the test. This would establish that you were not impaired, and therefore it would be best if the charges were lessened before reaching the court system as it is very difficult for the state to prove that you were authentically a DUI. Since the State has the burden of proof, they often reduce the charge to avoid a "not guilty" verdict in front of a jury.
What are the advantages of my DUI being reduced?
There are many advantages to haveing your DUI reduced to reckless driving. The following list is intended to assist you in making the decision to move forward:
- DUI conviction will remain on your driving record indefinitely, whereas a reckless driving may not
- Employers look more favorably on a reckless driving conviction
- Some States carry a manditory Adjudication for a DUI conviction, meaning that you would not be able to get your record expunged or sealed
It is also important to note, that if your first DUI offense is reduced then a subsequent arrest would still be viewed as a first time DUI offender.
Is there a goal that I should be seeking to acheive in this process?
By retaining an experienced and professional DUI Lawyer, you are greatly increasing your chances to achieve a lessor sentence. They will understand the problems with the State's case, and recognize your defenses immediately. You will want to be intentional in your transparency with them, detailing the events of the situation. Nothing is too small or too big, and each detail is important in establishing your exact presence of mind at the time of the arrest. Some of the questions your Lawyer may ask you is:
- How, or why, were you stopped by the police?
- Were you read your Miranda rights?
- What Field Sobriety Tests did the police ask you to take, if any?
- Was there anyone with you at the time who can corroborate your testimony?
The ultimate goal of your attorney is going to be looking to discredit the process by which you were arrested, by either poking holes or completely tearing apart the State's case. This will make it more favorable for your case to be dismissed, or thrown out altogether. Your attorney's secondary goal is going to be getting your DUI charge reduced to a reckless driving charge.