How To Get A Dui Dropped To Reckless Driving

FREE Consultation

Contact Us Today For A Free 1-Hour Personal Injury Case Evaluation

No Fee Unless You Win!

Reducing a DUI to reckless driving in Florida is not uncommon for individuals that’ve been arrested for driving under the influence, especially if they already understand the advantages.

Unfortunately, it’s hard to surmise if your case is a good candidate at the initial or secondary consultation with an attorney. For one, you haven’t been assigned a judge or state attorney who will oversee your case. We have not begun, let alone completed, the exhaustive discovery process.…an attorney will generally be able to tell you if you’re in good or bad position right out of the gate.

Reducing a DUI to Reckless Driving in Florida

We just don’t have the information needed to give you an answer.

However, an attorney will generally be able to tell you if you’re in good or bad position right out of the gate. You have a chance of getting your DUI charge reducedif:

1. You Were Respectful, Compliant, And Only Talked In Response To Specific Questions By The Arresting Officer.

DUI cases usually come with video evidence and these videos are reviewed by the prosecuting attorney. Especially in cases that are hard to call, the prosecutor is more likely to work with your DUI attorney if you are respectful and courteous to the officer during the recording.

It’s human nature to look for protagonists and antagonists, or good guys and bad guys. Don’t let the jury see you on video and define you as the ‘bad guy’.

2. You Spoke Coherently When You Did Speak.

The most difficult evidence to overcome in a Florida DUI case is typically slurred speech. It’s difficult to explain away slurred speech. As the common saying goes, loose lips sink ships and, in a DUI case, they can increase the chances of a conviction.

3. You Refused The Breath Test.

This is NOT to say that you should refuse the breath test. Every case is different, and in certain cases, blowing into the breath machine can be helpful to your case (especially if your attorney gets the evidence from the breath test suppressed).

With that said, this article speaks in generalities, and all things being equal, failing to blow into the breath machine is one less piece of evidence for the state to seek a conviction.

The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.

4. You Were Stopped For Weaving, Failure To Maintain A Single Lane, Or Another Traffic Violation.

Stops for non-criminal traffic citations are often questionable from a legal standpoint. A bad stop can mean a reduction or even dismissal of your criminal charge. Of course, accidents are bad. State attorneys are less likely to reduce your DUI charge when you’ve crashed into cars and/or walls.

5. You Have Never Been Arrested For DUI Before

The state attorney will look at your criminal history, or lack thereof. This is big in cases that could go either way. If you’ve never committed a crime, the prosecutor could be slightly more lenient in your case.

Remember, every case is different, so it’s important to discuss your case with a DUI attorney.

Reducing A DUI To A Reckless Driving In Florida Is A Good Thing

First, the penalties for resolving your case to a reckless driving are much less severe than the mandatory penalties of a DUI conviction. A DUI is a first degree misdemeanor, punishable by up to 1 year in jail. If you are convicted of drunk driving in Florida, you must:

  • Pay a minimum of $1,000 in fines and court costs,
  • Participate in DUI school,
  • Have your car impounded for 10 days,
  • Get your driver’s license suspended for 6-12 months and,
  • If your breath test result was over 0.15 BAC, have the ignition interlock device installed on your car.

By must, we mean that the judge and state attorney is without a choice in giving you a better deal. A reckless driving conviction is a second degree misdemeanor, punishable by a max of 60 days in jail.

On the other hand, a reckless driving conviction is a second degree misdemeanor, punishable by a max of 60 days in jail.

A reckless driving does not carry these mandatory conditions and everything is on the table and negotiable.

DUI can sometimes be reduce to reckless driving

The Social Stigma Of A DUI Conviction

There is a bigger benefit to resolving your DUI matter with a reckless driving; you don’t have to tell current or future employers and loved ones that you have been convicted of a DUI. Whether it’s right or wrong, there is a social stigma attached to having a DUI conviction on your record. And many jobs, such as driver jobs, will not hire an employee with a DUI in his or her background. Accordingly, not being convicted of a DUI is preferable if at all possible.

Due to the complex nature of the laws pertaining to DUI cases, it’s always suggested that you consult with a DUI attorney immediately following your arrest. It’s important to also know the role of your Florida DUI Attorney as there are a number of variables to contend with.

This protects you and gets someone that will be completely dedicated to defending you before the state prosecutor gets their hands on your file.

Practice Areas

What Our Clients Say

Christine Ekstrom
Christine E.
19:36 05 Dec 19
This past Tuesday, I got into a car accident that was frankly, quite scary. The experience left me disoriented, shaken, and overwhelmed with what "next steps" needed to be taken. Thanks to Nicole Pearlman, and the whole Denmon & Pearlman team, I didn't have to worry about those next steps. They quickly took over and set me up with medical appointments, a rental car, car inspection.... leaving me the ability to focus on spending those initial hours processing the accident and later, days spent on healing physically and emotionally. In a world where billions of people reside and yet we still often feel alone, that was never the case during this chaotic week. Never did I once feel alone in this whole process and I am incredibly thankful for their kindness to my nephew and I and their expertise in these matters. Denmon & Pearlman, especially Nicole Pearlman, WILL be there for you during life's most challenging experiences.
Nicki Wright
Nicki W.
13:27 08 Oct 19
Nicole and Lee go the extra mile to represent various client needs, and work with you as a whole human being, being considerate and kind, as well as being thorough and fearless as well. I have utilized their services in 3 different scenarios, and every time, I was thrilled with their representation. Hire Lee or Nicole for anything - for everything. Fantastic lawyers and fantastic people.
Patrick Harlan
Patrick H.
02:32 25 Sep 19
I had my wife call Demon Pearlman after reading some of their reviews online. Whitney answered and was kind and quickly had us set up with a lawyer for representation. This firm did an amazing job and I would recommend them to anyone in need of a lawyer! They went above and beyond!
Sarah Marie Sunday
Sarah Marie S.
02:25 25 Sep 19
I called Demon Pearlman for representation with an automobile accident. I spoke to Whitney on the phone who was very kind and promptly got the needed information from me and had me set up with one of their lawyers. They were amazing and got me more than I expected from my settlement. I have referred several family members and friends to them for representation. Their knowledge of the law and ability to handle a case is superb. I hope I am never in need of an attorney again for an injury, however if I do need one, I will call Denmon Pearlman without hesitation!
Brittany Pilkington
Brittany P.
17:54 13 Sep 19
I definitely feel like I made the right choice by calling Denmon Pearlman. I was going through a tough time. I was connected to Whitney on the phone & she really assisted with providing me with a stress free experience. Not only did I feel relieved to speak to someone so well rounded; but also highly knowledgeable of their companies core values. She's very well spoken. I booked that consultation & look forward to it. Thanks Denmon Pearlman for your services.
Next Reviews

2 Week No obligation Guarantee

Work with us for 2 weeks. If you want to leave and work with another attorney or law firm we will refund your money.
No questions back.