Reducing a DUI Charge to Reckless Driving in Florida

How to Mitigate a Florida DUI Charge

In Florida, driving under the influence of drugs or alcohol is a very serious crime. If convicted, you stand the risk of jail term, fines, license suspension, and other steep penalties. Unfortunately, that’s not all. You may have a hard time finding employment and securing affordable insurance premiums.

Given the legal, social, and economic challenges associated with DUIs, it’s essential to avoid a conviction by working with your lawyer to develop solid defense strategies or to work toward having your charges reduced.

Under the right circumstances, your DUI charge can be reduced to a lesser offense, such as reckless driving. As a mitigation strategy, this can significantly minimize the severity of the penalties you’d have received for a DUI conviction.

If you want to know more about reducing DUI charges to reckless driving, this article has everything you need.

DUI vs. Reckless Driving

Understanding the Similarities between DUI and Reckless Driving in Florida

DUI and reckless driving are similar in that they’re both criminal traffic offenses. They can also be tried as a felony or misdemeanor, depending on the unique facts of the case. However, they differ in a number of areas including:

Definition

DUI in Florida occurs when a driver operates a vehicle with a blood alcohol content (BAC) of .08 and above. Meanwhile, reckless driving involves exhibiting willful disregard for the safety of other motorists by speeding, running red lights, etc. Unlike DUI, defendants don’t have to be intoxicated to be charged with reckless driving.

Consequences 

As mentioned above, DUI generally carries steeper consequences than reckless driving in Florida. For DUI, fines range from $500 to $5,000 while jail term can extend to 15 years, depending on the circumstances. Furthermore, a DUI conviction will remain on your record for 75 years. With a reckless driving charge, you don’t have to deal with mandatory driver’s license suspension, and you may be eligible for record sealing after completing probation.

What Factors May Reduce My DUI Charge to Reckless Driving?

Learn the Mitigating Circumstances for Reducing Florida DUI Charges to Reckless Driving

Not every DUI case qualifies for reduction to reckless driving. In many cases, the prosecution will consider several factors in determining whether to reduce your charges, including:

Arrest or Conviction History 

Have you been previously arrested or convicted for DUI? If yes, you have less chance to achieve a charge reduction than someone with a clean slate. The messier your criminal record, the harder it’ll be to negotiate a lesser charge.

Level of Cooperation 

Your actions during arrest and investigation significantly affect the possibility of negotiating reduced charges. Did you cooperate during the arrest or display rudeness and resistance? Were you open to politely answering all the questions during the investigation? These factors will influence how likely you are to be offered a charge reduction.

Voluntary Efforts

Demonstrating repentance through actions will keep the prosecution favorably disposed to reducing your charges. You can show remorse by attending alcohol counseling, completing DUI school, or installing an interlock device. Any effort you make to show your commitment toward avoiding future DUIs is a plus.

Accidents or Injuries

This is one of the strongest determinants for reducing DUI charges to reckless driving. It’s unlikely that prosecutors will consider a reckless driving charge if there was an accident that caused severe injuries to others.

Blood Alcohol Content 

Was your blood alcohol content (BAC) slightly or significantly higher than the recommended limit? If the former, then you have a good chance of negotiating a charge reduction. The opposite is the case if your BAC level was way higher than is legally permissible for a driver of your category.

How to Reduce a DUI Charge to Reckless Driving in Florida

The Steps to Take to Reduce Florida DUI Charges

Getting your DUI charges reduced to reckless driving requires a great deal of intentionality and taking the right strategic steps. This includes:

Hiring an Experienced DUI Defense Attorney

Having a dedicated DUI lawyer on your side is the first and most important step to take when hoping to get your charges reduced. They’ll protect your rights and discover loopholes to leverage for the best results.

Gathering and Reviewing Evidence 

You need to have as much evidence to support your charge reduction as you can get. This includes police reports, video footage of the arrest, witness statements, and the like. By reviewing evidence, your attorney may be able to show proof of mitigating factors to help your case.

Attending a DUI Program 

Completing a DUI diversion program in Florida can help you avoid a DUI conviction. It strongly supports your move to have your charges and penalties reduced. A DUI program shows your commitment to recovery and will typically influence the state’s decision in your favor.

Negotiating a Plea Deal

Your attorney will skillfully negotiate favorable terms with the prosecution on your behalf. They’ll present compelling reasons to support the need to have your charges reduced. Your lawyer will also argue aggressively on your behalf at trial.

Want Your Florida DUI Charges Reduced to Reckless Driving?

Our Experienced DUI Defense Attorneys in Florida Can Help

No one hopes to be formally declared guilty of any crime by a judge. However, under certain circumstances, settling for a reckless driving charge may be the best alternative to a DUI conviction. In such cases, you need a DUI defense attorney to protect your rights and guide you through a seamless plea bargain process. If this is your situation, think no further than the dedicated and experienced DUI defense lawyers at Taracks and Associates.

At our law firm, our priority never changes—to ensure that you achieve the most favorable outcome possible, given your unique circumstances. From initial consultation to final resolution of your case, we’ll work tirelessly to achieve this goal. We’ll also provide you with the much-needed moral support to navigate this difficult stage of your life.

Schedule a free case review with us today by dialing (813) 281-2897 now. Your prospects are so much better when you work with us.