A conviction for a DUI in Florida is punishable by harsh criminal penalties, which include a lengthy driver’s license suspension period, costly fines, and even jail time. If the chances of obtaining a not-guilty verdict in your case are slim, it is still possible to get your penalties reduced by getting your DUI charge reduced to reckless driving.
A first reckless driving offense carries a maximum jail sentence of 90 days and a fine of up to $500, without having your license suspended. By contrast, a first DUI offense can result in a jail term of up to six months, a maximum fine of $1,000, and a driver’s license suspension for up to six months.
In addition, a DUI conviction can lead to an increase in your auto insurance rates. Lastly, having a reckless driving conviction on your criminal record is not as reprehensible to current and potential employers as a DUI conviction.
In order to get your DUI reduced to a reckless driving charge, the prosecutor must offer you (the defendant) a plea bargain. The only way the prosecution will consider a plea deal is if it will be difficult to obtain a guilty verdict in trial.
Several factors the prosecutor will consider include:
You are a first-time offender
You were polite and cooperative during the DUI investigation
You were performed well on field sobriety tests
Your blood alcohol content (BAC) was at the legal limit
There are issues with the breath/blood test results
There are issues with the legality of the traffic stop, arrest, or detention
Although obtaining a reckless driving charge can be quite valuable in resolving a DUI case to avoid more serious penalties, it is often difficult to prove. One of the most important steps to take is to hire an experienced criminal defense attorney who can thoroughly review your case and determine if getting your DUI charge reduced is a viable legal option.
If you or a loved one has been arrested for a DUI in Miami, contact Hubbs Law Firm at (305) 570-4802 for a free initial consultation.
Disclaimer:
Please note that by reading this blog you are not entering into an attorney-client relationship with Hubbs Law, P.A. This blog only provides general legal information. Every case is unique and you should request a consultation to ensure that you are getting the correct legal advice for your specific case.