If you’ve been charged with driving under the influence in Pinellas County, you may wonder if there’s a way to avoid the harsh consequences of a DUI conviction. In many cases, securing a reduction to reckless driving can be a favorable outcome, as it generally comes with less severe penalties and fewer long-term consequences.
As the top DUI attorneys in Clearwater with The Law Office of Timothy Sullivan, our team is well-versed in the strategies that can possibly be used to pursue a reduction.
Legal Definitions and Classifications
In Florida, a DUI is defined as operating a vehicle under the influence of alcohol or drugs, typically confirmed through chemical testing like a breathalyzer or urine test results. In rare cases, usually involving an accident, law enforcement secures a blood sample from our client. A breath or blood alcohol level above .08 provides law enforcement with prima facie evidence of impairment. However, the government can proceed with a DUI prosecution even without scientific evidence.
Reckless Driving, on the other hand, is defined as operating a vehicle with a “willful or wanton disregard for the safety of persons or property.” It doesn’t necessarily involve alcohol or drugs but rather the driver’s behavior and a lack of safety.
Having your DUI reduced to reckless driving is often viewed as highly favorable. This is because reckless driving lacks DUI-specific consequences, such as mandatory ignition interlock device installation, increased insurance requirements, and higher fines. For many defendants, this reduction could lessen the burden of a criminal charge and minimize the impact on their future.
Stay Aware of Penalties and Consequences
One of the main reasons a DUI reduction to reckless driving is considered a “better” outcome is because of the difference in penalty severity.
DUI convictions in Florida can carry severe consequences, including heavy fines, a mandatory suspension of driving privileges, and the potential for the installation of an ignition interlock device on your vehicle. Additionally, DUI offenders are often required to carry FR-44 insurance, which is a type of high-liability insurance for high-risk drivers that results in much more expensive premiums.
In contrast, reckless driving convictions generally involve lighter fines, typically no mandatory license suspension, and fewer long-term consequences. Reckless driving convictions do not require FR-44 insurance, meaning drivers avoid the increased insurance costs associated with a DUI.
Defensive Strategies and Legal Outcomes
The strategies used in DUI and reckless driving cases also differ, mainly because DUI cases rely heavily on chemical evidence. The prosecution often presents chemical tests, field sobriety tests, and officer observations as evidence. Consequently, a defense for a DUI charge may focus on challenging the validity or lawful administration of these tests.
Securing a reduction to Reckless Driving often involves a holistic review of the case. Our team not only looks at the evidence in the case, but also the client’s history. Some factors that may influence the State to reduce a DUI to Reckless Driving include:
- Whether the client has a history of arrests, especially DUI arrests
- Our client’s age and physical capabilities
- Our client’s attitude and demeanor with law enforcement
- Whether there was a traffic accident
- The presence of open containers in the vehicle
- The breath alcohol level and the proximity that the result was secured in relation to the driving
- Our client’s physical appearance on roadside sobriety tests
- Our client’s medical history, including any surgeries
- Any errors made by law enforcement during the investigation or after arrest
Simply put, your DUI attorney in Clearwater with The Law Office of Tim Sullivan may place a focus on “the big picture.”
How a Leading DUI Lawyer Can Help
The top DUI attorneys in Clearwater with The Law Office of Tim Sullivan have successfully defended countless DUI cases, many of which were reduced to Reckless Driving convictions.
For a complimentary DUI case consultation with a premier Clearwater DUI attorney, call the Law Office of Timothy Sullivan at (727) 291-9717.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.