Are you facing a DUI charge in Florida and wondering if there’s a way to reduce it to reckless driving? It’s crucial to consult an experienced DUI attorney who can provide personalized advice based on your specific circumstances.
In this blog post, our St. Petersburg DUI attorneys at Fletcher & Fletcher discuss two of the most effective strategies for achieving favorable outcomes for DUI cases. While every case is unique, these methods have proven successful for many individuals in similar situations.
1. Negotiating a Plea Deal
In certain situations, you can reduce a DUI charge to reckless driving by admitting guilt to reckless driving and preceding your trial rights. In return, the prosecutor will dismiss the DUI charge.
This negotiation is referred to as charge bargaining. Law enforcement and the judiciary utilize it to conserve resources and streamline the criminal justice system. Many defendants opt for charge bargaining to evade the risks associated with harsher penalties from more serious charges like DUI. Instead, they accept a milder conviction.
If you’re facing a DUI charge, your chances of reducing it to reckless driving are higher if you:
- Have no prior DUI convictions
- Possess a clean or almost clean criminal record
- Had a low BAC level at the time of arrest
- Were not involved in any accidents
- Were over 21 years old
A plea deal is typically negotiated through the plea bargaining process. This process involves discussions between the prosecutor and you, generally facilitated by your criminal defense attorney. Plea deals can be negotiated at any stage, from before the arraignment to just before the trial.
Any resulting plea agreement must receive the judge’s approval. In DUI cases, prosecutors are often open to plea deals, mainly if it is a first offense without aggravating circumstances.
A criminal defense attorney can guide you through this decision-making process. Your Florida DUI lawyer will advocate on your behalf, highlighting any mitigating factors that might argue for reduced charges, including:
- A clean driving record
- Completion of alcohol education programs
- Demonstrated remorse for the offense
In some instances, accepting a plea deal that reduces a DUI charge to reckless driving may be advantageous. However, there may be better courses of action than this. If you possess strong legal defenses against the DUI charge and have a substantial chance of being acquitted, pleading guilty to reckless driving may not be beneficial.
2. Challenging the Evidence
One strategy to negotiate a DUI charge down to reckless driving involves presenting strong legal defenses or disputing the evidence against the accusation of impaired driving. By demonstrating the difficulty of securing a DUI conviction, you may persuade the prosecutors to lessen the charge.
Common legal defenses employed for this include:
- The traffic stop lacked a lawful basis or probable cause
- The police officer failed to administer the field sobriety tests properly
- The breathalyzer was improperly calibrated
- The blood or breathalyzer test results indicated that your BAC was under the legal threshold
If robust evidence supports any of these defenses, the prosecutor could question their ability to achieve a conviction. Instead of pressing on with your DUI charge, they might choose to dismiss it or amend it to reckless driving.
Consulting with an attorney knowledgeable about your state’s DUI laws is crucial for understanding whether your case has significant legal flaws. Your attorney will meticulously examine all the evidence to pinpoint any vulnerabilities or discrepancies that might benefit the outcome of your case.
If this strategy succeeds, the DUI charge could be dismissed completely or reduced to a lesser offense, such as reckless driving.
What Are the Potential Penalties for DUI in Florida?
Different states impose varying penalties for DUI, wet reckless, and reckless driving offenses. In Florida, a first-time DUI is a first-degree misdemeanor with the following penalties:
- Up to 6 months in jail
- Fines ranging from $500 to $1,000
- Driver’s license suspension for up to 1 year
- 50 hours of community service
- A mandatory DUI education program
A wet reckless charge includes:
- Up to 90 days in jail
- Fines up to $500
- A mandatory DUI education program
Penalties for a basic reckless driving charge (dry reckless) are:
- Up to 90 days in jail and/or
- Fines between $25 and $500
Like Florida, many states reduce the penalties if a DUI is downgraded to a wet reckless and further reduce them if changed to regular reckless driving. Consulting a reputable DUI attorney is crucial to effectively managing these charges.
Fletcher & Fletcher DUI Attorneys in Florida Are Here to Help
While getting a DUI charge reduced to reckless driving in Florida is challenging, it is possible with the proper legal representation and strategies. You may be able to achieve a more favorable outcome by negotiating a plea deal or challenging the evidence against you.
Remember, consulting with a qualified Florida-based DUI attorney or law firm, like Fletcher & Fletcher, is essential to receive personalized advice and representation tailored to your case. Working with the right lawyers who advocate for your case provides peace of mind, knowing they are committed to achieving the best possible outcome for you and will be with you every step of the way.
