Can You Reduce a DUI Charge to Reckless Driving in Arizona?
Introduction
A DUI conviction in Arizona can result in severe consequences, including fines, jail time, and a permanent criminal record. However, it is possible to reduce a DUI charge to reckless driving with the assistance of a skilled DUI defense attorney. In this article, we'll delve into the process of reducing a DUI charge and the benefits of doing so.
What is a DUI?
Driving under the influence (DUI) is the act of operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. In Arizona, a DUI is considered a criminal offense and carries penalties such as fines, license suspension, and possible incarceration.
How Can You Reduce a DUI Charge to Reckless Driving?
Reducing a DUI charge to reckless driving requires the assistance of an experienced DUI defense attorney. The attorney will study the case and identify issues that can be used to the client's advantage. The attorney can negotiate with the prosecutor to reduce the charges or argue the case in court. Some mitigating factors that can be used to reduce a DUI include:
1. Lack of Proof of Intoxication
The prosecution must prove that the defendant was operating a vehicle while intoxicated. If there isn't enough proof to support the claim, the case can be dismissed, or the charges reduced to reckless driving.
2. Illegal Traffic Stop
If the traffic stop was illegal, all evidence that stems from the stop may be excluded. This can result in a reduced charge or a dismissal of the case entirely.
3. Faulty Field Sobriety Tests
Field sobriety tests (FSTs) are used to determine if a person is intoxicated. However, FSTs are subjective and prone to error. If the FSTs are improperly administered or the results are misinterpreted, the charges can be reduced or dismissed.
4. Lesser Included Offense
A lesser-included offense is a crime that is a part of a more serious offense. In DUI cases, reckless driving is considered a lesser included offense. If the prosecutor agrees to reduce the charges, the defendant can plead guilty to reckless driving and avoid the severe consequences of a DUI.
5. Chemical Test Defenses
Chemical tests, such as breathalyzer tests or blood tests, are used to determine a person's BAC. However, these tests can be inaccurate if not administered correctly or if the equipment used is faulty. An attorney can challenge the results of the chemical tests and work to reduce the charges.
6. Plea Bargaining
Plea bargaining is an agreement between the prosecution and the defense to reduce charges in exchange for a guilty plea. Under a plea bargain, the defendant pleads guilty to a lesser charge in exchange for a reduced sentence.
7. Reduced Charges for First-Time Offenders
First-time DUI offenders may be eligible for a reduced charge. In some cases, the charges may be reduced from a DUI to reckless driving, resulting in lesser penalties. However, this option is only available to first-time offenders with no prior criminal record.
Benefits of Reducing a DUI Charge to Reckless Driving
Reducing a DUI charge to reckless driving has several advantages, including:
1. Reduced Penalties
The penalties for reckless driving are less severe than those for a DUI. The maximum penalty for reckless driving is 90 days in jail, whereas a DUI can result in up to six months in jail or more.
2. Lower Fines
Reckless driving fines are typically lower than DUI fines. In addition, the court may allow payments to be made over time, making it easier for the defendant to meet the financial obligations.
3. Fewer Driving Record Points
A DUI conviction results in eight points on the driver's license. In contrast, reckless driving is a two-point violation. Fewer driving record points can help the defendant to keep their license and avoid costly insurance premiums.
4. Less Impact on Insurance and Employment
A DUI conviction can result in increased insurance premiums and job loss. Reckless driving is not considered a criminal offense in Arizona and may not affect the defendant's employment.
Conclusion
Reducing a DUI charge to reckless driving is possible with the help of an experienced DUI defense attorney. Mitigating factors such as lack of proof of intoxication, illegal traffic stops, or faulty field sobriety tests can be used to reduce the charges. First-time offenders may have a higher chance of obtaining a reduced charge. Benefits of reducing a DUI charge include reduced penalties, lower fines, fewer driving record points, and less impact on insurance and employment. Contact an experienced DUI defense attorney such as Arja Shah to achieve the best possible outcome.
To learn more about reducing a DUI charge to reckless driving in Arizona, please visit
DUI, Reckless Driving-Arja Shah Law.
