Criminal Defense Latest Articles
Request a Free Consultation

Specializing in Drug, Weapons, Assault, Theft, DUI, Property and Fraud Cases

How to Get DUI Dropped to Reckless Driving

| , ,

Charged With DUI? Learn How To Get It Dropped To Reckless Driving

Getting a DUI dropped to reckless driving is something you need to pursue after being arrested. In addition to possible jail time, loss of your driver’s license, probation, fines/costs, the consequences of driving under the influence (DUI) are severe. Some of these severe penalties include:

  • Loss of job
  • Driver’s license suspension
  • Losing a concealed pistol license (CPL)
  • Banned from entering into countries, such as Canada.

The penalties are steep. Therefore, you need to try to get the DUI reduced to reckless driving, which is a far lesser offense.

Charged with DUI? Interested in learning your options for fighting the charges? Request a free consultation now.

The Case Against You

Similar to a first or second offense DUI, reckless driving is a misdemeanor in Michigan. However, the penalties are much less severe. Penalties for reckless driving include:

  • Up to 93 day jail sentence
  • $500 fine
  • Six (6) points on your license

While this sounds bad, pleading guilty to reckless driving instead may be your best bet if you were arrested for a second or third offense DUI. Michigan’s drunk driving laws are among the country’s toughest. This is why third offense DUI convictions carry these penalties:

  • One (1) to five (5) years of imprisonment, or 30 days to one (1) year in jail followed by probation
  • a fine of $500 to $5,000
  • 60-180 days community service
  • Vehicle immobilization or forfeiture
  • substance abuse counseling, treatment and education (ex. Alcoholics Anonymous)

There’s a mandatory minimum of 30 days in jail if you’re convicted of third offense DUI.

Prosecuting attorneys don’t like dismissing DUI offenses, especially if it’s a second or third offense. Therefore, getting it dropped to a reckless driving charge requires a compelling argument, such as a substantial personal hardship. However, not just any lawyer can argue this successfully; you need a skilled DUI lawyer.

Charged with DUI? Interested in learning your options for fighting the charges? Request a free consultation now.

How to Plead Guilty to Lesser Charges

Every person arrested for DUI is facing some type of personal hardship. However, some hardships are greater than others in the court’s eyes. Therefore, you may be eligible for special consideration from the prosecutor. These types of compelling circumstances include:

  • The loss of the ability to work (ex. losing job if charged with DUI)
  • Losing a driver’s license
  • Losing the ability to travel, if this is a work requirement.

A strong legal strategy make the prosecutors work harder and puts them at risk of losing their case altogether. The right lawyer can cause a prosecuting attorney to reduce the DUI to wet reckless charges instead. Your lawyer can also argue that the police officer lacked probable cause to stop the vehicle and/or to conduct a DUI arrest.

Other legal defenses challenge the scientific evidence in the case. This evidence includes the validity of blood tests, breath alcohol test, or field sobriety tests. However, only lawyers trained in evaluating scientific testing results can successfully use these defenses.

Getting a DUI Dropped to Reckless Driving in Michigan

To get your DUI dropped to a reckless driving charge, you must have an experienced DUI defense lawyer by your side. This will compel them to consider making an offer that they wouldn’t normally make in a DUI case. However, this can only happen when you hire a skilled DUI law firm with the proper legal advice.

Charged with DUI? Interested in learning your options for fighting the charges? Request a free consultation now.

Barton Morris
Barton Morris has been providing high-quality legal representation in the area of state and federal criminal defense for more than 20 years.
Call Us Now Message Us