Being charged with driving under the influence (DUI) in Arizona can have serious consequences, including fines, license suspension, and even jail time.
However, in some cases, it may be possible to reduce a DUI charge to reckless driving
Often referred to as a “wet reckless” in legal terms. This can significantly lessen the penalties associated with a DUI conviction.
Arja Shah, a highly experienced DUI defense lawyer in Arizona, has helped numerous clients successfully reduce their DUI charges to reckless driving. With her expertise and knowledge of the legal system, she is able to handle the complexities of DUI cases and work towards achieving the best possible outcome for her clients.
This article will cover the following subtopics:
- Impact of a DUI Conviction in Arizona
- Can a DUI Charge be Reduced to Reckless Driving?
- 6 Advantages of a Reduced Sentence
- Frequently Asked Questions: Reduction of a DUI Charge
- Contact an Experienced DUI Defense Attorney
Impact of a DUI Conviction in Arizona
In Arizona, DUI laws are strict, with various types of DUI charges carrying different penalties.
▶Types of DUIs in Arizona
- Standard DUI: This is the most common type, applicable when a driver has a blood alcohol concentration (BAC) of 0.08% or higher.
- Extreme DUI: This applies when a driver has a BAC of 0.15% or higher but less than 0.20%.
- Super Extreme DUI: This is charged when a driver has a BAC of 0.20% or higher.
- Aggravated DUI: This charge is applicable under certain aggravating circumstances, such as having multiple DUI convictions, driving with a suspended license, or having a child under 15 in the vehicle at the time of the offense.
▶Penalties for Standard DUI
Under A.R.S. § 28-1381, penalties for a standard DUI in Arizona include:
- First Offense: A minimum of 10 days in jail (9 days may be suspended upon completion of an alcohol or drug screening, education, or treatment program), fines and assessments up to $1,500, a 90-day license suspension, and the requirement to install an ignition interlock device for 12 months.
- Second Offense: A minimum of 90 days in jail (30 days must be served consecutively), fines and assessments up to $3,000, a one-year license revocation, and an ignition interlock device for 12 months.
▶Penalties for Extreme DUI
Under A.R.S. § 28-1382, penalties for an extreme DUI include:
- First Offense: A minimum of 30 days in jail, fines and assessments up to $2,500, a 90-day license suspension, and the requirement to install an ignition interlock device for 12 months.
- Second Offense: A minimum of 120 days in jail, fines and assessments up to $3,250, a one-year license revocation, and an ignition interlock device for 12 months.
▶Penalties for Super Extreme DUI
Under A.R.S. § 28-1382, penalties for a super extreme DUI are more severe:
- First Offense: A minimum of 45 days in jail, fines and assessments up to $3,250, a 90-day license suspension, and the requirement to install an ignition interlock device for 18 months.
- Second Offense: A minimum of 180 days in jail, fines and assessments up to $4,500, a one-year license revocation, and an ignition interlock device for 24 months.
▶Penalties for Aggravated DUI
Under A.R.S. § 28-1383, an aggravated DUI carries the harshest penalties:
- First Offense: A minimum of 4 months in prison, fines and assessments up to $4,000, a one-year license revocation, and the requirement to install an ignition interlock device for 24 months.
- Additional Consequences: Aggravated DUI convictions also result in a felony record, which can impact voting rights, firearm possession, and future employment opportunities.
Can a DUI Charge be Reduced to Reckless Driving?
Yes, a DUI charge can be reduced to reckless driving in Arizona, but it requires strong legal representation and specific circumstances that justify the reduction. The process involves negotiating with the prosecution to lessen the severity of the charges based on various factors and evidence.
▶How Can a DUI Charge Be Reduced to Reckless Driving?
Reducing a DUI charge to reckless driving involves a strategic legal approach, considering the following:
- First-Time Offenders: Prosecutors are more likely to consider reducing charges for individuals with no prior DUI convictions or criminal records.
- Borderline BAC Levels: If the defendant’s blood alcohol concentration (BAC) was close to the legal limit of 0.08%, this can be a significant factor in negotiating a reduction.
- Procedural Errors: Identifying and leveraging procedural mistakes made by law enforcement, such as improper stops, faulty breathalyzer tests, or violations of the defendant’s rights, can weaken the prosecution’s case.
- Mitigating Factors: Demonstrating mitigating circumstances, such as enrollment in alcohol education programs, voluntary community service, or other proactive measures taken by the defendant, can help in securing a reduction.
- Negotiation: Skilled negotiation by an experienced DUI defense attorney is crucial. The attorney will present the weaknesses in the prosecution’s case and highlight the defendant’s positive actions to negotiate a plea deal.
6 Advantages of a Reduced Sentence
Reducing a DUI charge to reckless driving offers several significant advantages. These benefits can greatly impact your legal, personal, and financial well-being.
⑴ Lesser Penalties
One of the primary advantages of reducing a DUI charge to reckless driving is the imposition of less severe penalties. Reckless driving generally results in:
- Lower Fines: Compared to DUI fines, which can reach up to $1,500 for a first offense, fines for reckless driving are considerably lower, typically up to $750.
- Shorter or No Jail Time: While a first-time DUI offense can result in a minimum of 10 days in jail, a reckless driving charge may only lead to a maximum of 30 days in jail, with many cases resulting in no jail time at all.
- No Mandatory Ignition Interlock Device: DUI convictions often require the installation of an ignition interlock device, which is not mandated for reckless driving offenses.
⑵ Reduced Impact on Driving Record
A DUI conviction adds more points to your driving record than a reckless driving charge, leading to longer license suspensions and higher insurance premiums. Reducing the charge to reckless driving results in fewer points, minimizing the impact on your driving privileges.
⑶ Lower Insurance Premiums
Insurance companies view DUI convictions as high-risk, resulting in significantly increased premiums. A reckless driving conviction, while still serious, is considered less severe, leading to smaller increases in insurance costs. This reduction can save you substantial amounts of money over time.
⑷ Improved Employment Prospects
Having a DUI on your record can be a red flag for employers, particularly in professions requiring a clean driving record or those involving safety-sensitive positions. A reckless driving conviction is less stigmatizing and may not impact your employment opportunities as severely.
⑸ Psychological and Social Benefits
The stress and stigma associated with a DUI conviction can be overwhelming. Reducing the charge to reckless driving can alleviate some of the psychological burden and social embarrassment, allowing you to move forward with your life more easily.
⑹ Preservation of Personal Relationships
The personal and relational impact of a DUI conviction can be profound. The strain of legal battles, financial stress, and social stigma can affect family dynamics and friendships. A reduced charge can help mitigate these impacts, preserving important personal relationships.
In conclusion, the advantages of reducing a DUI charge to reckless driving are substantial. From lighter legal penalties and financial relief to better personal and professional prospects, securing a reduced sentence can help mitigate the long-term consequences of a DUI charge.
Frequently Asked Questions: Reduction of a DUI Charge
① Can a DUI Be Reduced to Reckless Driving?
Yes, a DUI can be reduced to reckless driving, known as a “wet reckless,” under certain circumstances. A skilled DUI lawyer can negotiate with the prosecution to reduce your DUI charge to a lesser offense, such as reckless driving, which carries lighter penalties.
② What Are the Advantages of Reducing a DUI Charge to Reckless Driving?
Reducing a DUI charge to reckless driving offers several benefits, including lesser penalties, lower fines, and fewer points on your driving record. A reckless driving conviction is less severe than a DUI conviction and has a smaller impact on insurance rates and employment prospects.
③ Can a First-Time Offender Get a DUI Charge Reduced to Reckless Driving?
First-time DUI offenders often have a better chance of getting their charge reduced to reckless driving. Factors such as a clean criminal record, borderline BAC levels, and proactive measures like attending alcohol education programs can help your attorney negotiate a reduction.
④ What Are the Penalties for Reckless Driving Compared to DUI?
Penalties for reckless driving are generally less severe than those for DUI. Reckless driving can result in up to 30 days in jail and fines up to $750, whereas a first-time DUI offense carries a minimum of 10 days in jail, fines up to $1,500, and mandatory installation of an ignition interlock device.
⑤ Can a DUI Charge Be Dismissed Entirely?
Yes, a DUI charge can be dismissed entirely if there are significant procedural errors or insufficient evidence. A qualified DUI defense attorney will review your case to identify any grounds for dismissal, aiming to get your DUI charge dismissed in Arizona.
⑥ What Should I Do If I Am Arrested for a DUI?
If you are arrested for a DUI, contact a skilled DUI lawyer immediately. An experienced DUI attorney can guide you through the legal process, protect your rights, and work to reduce your DUI charge to a lesser offense or achieve a dismissal.
Contact an Experienced DUI Defense Attorney
With extensive knowledge of Arizona DUI laws and a commitment to providing personalized legal representation, Arja Shah can help you navigate the complexities of your case and achieve the best possible outcome.
Her dedication to her clients and expertise in criminal defense makes her a top choice for anyone needing quality DUI defense. Contact us today at (602) 560-7408 for more information and to schedule a consultation.
