In Arizona, the penalties for driving under the influence are pretty steep. Depending on your criminal history and the facts of the case, you could be facing months in jail, plus thousands of dollars in fines. In some cases, it may be possible to get your DUI charge reduced to a lesser offense.
Typically, DUI charges are reduced to reckless driving – or “wet reckless.” Your DUI defense attorney may be able to negotiate a plea bargain for wet reckless if it is a first offense or there are factual or legal problems with the state’s case against you. A reckless driving conviction results in much less severe consequences, which is why it is often preferable.
Matthew Lopez Law represents people who have been charged with criminal offenses throughout Arizona, including DUIs. We offer free consultations so you can better understand your legal rights. If you have been charged with a DUI, contact our law firm to talk to an experienced Arizona DUI defense lawyer.
Is It Possible to Get Your DUI Reduced to a Lesser Charge in Arizona?
It is possible to get a driving under the influence (DUI) charge reduced to a lesser offense in Arizona. However, it may not be an option in all cases, which is why it is so important to have great legal representation if you have been charged with a DUI.
There are a few different types of DUI offenses in Arizona:
- Standard DUI: driving with a blood alcohol concentration (BAC) of .08% or higher, while your physical or mental ability to drive is impaired to the slightest degree, or while you had any amount of an illicit dangerous drug in your system.
- Extreme DUI: driving with a BAC of 0.15% or higher, but less than .20%.
- Super Extreme DUI: driving with a BAC of 0.20% or higher.
- Aggravated DUI: This may be charged if a person has multiple DUI convictions, is driving with a suspended license, or had a child under the age of 15 in the vehicle at the time of the offense.
The penalties for any DUI include a mandatory minimum jail term of 10 days to 180 days, plus fines and fees of at least $2,500, a license suspension, and the requirement to install an ignition interlock device. Because the potential consequences for a DUI are so severe, getting the charge reduced could mean a much lighter sentence.
Typically, if a DUI charge is reduced, it will be dropped to reckless driving, commonly referred to as “wet reckless” when it is a part of a plea bargain for a DUI. Reckless driving is a misdemeanor offense that is charged when a person drives with a reckless disregard for the safety of other people and property. A first-offense reckless driving conviction does not carry a mandatory minimum jail sentence. Instead, the sentence can include up to 4 months in jail, a fine of up to $750, other fees, and a license suspension.
Wet reckless is a lesser charge than DUI, which is why many people would be pleased to get a plea deal with this reduced charge. However, getting your DUI charge dropped to wet reckless is not guaranteed. It will be based on the facts of your case and the skill of your Arizona DUI defense attorney.
The chances of getting your DUI charge reduced will be higher if:
- You are a first-time offender with no prior DUI convictions. Prosecutors will rarely offer a sentence reduction if you have a criminal record and/or prior DUI convictions.
- Your BAC was close to the legal limit. If you blew at .08%, then the prosecutor will be more amenable to a plea deal than if you were well above the legal limit.
- There are legal issues with the state’s case. If your lawyer might be able to get some evidence tossed because of constitutional violations or challenge the validity of your breath or blood tests, the prosecutor might be more willing to make a deal for wet reckless.
- You did not have any aggravating factors, such as driving drunk with a kid in the car.
- There is mitigating evidence, such as enrolling in an alcohol education program or participating in community service.
- Your attorney is adept at negotiating DUI plea bargains. If you hire a lawyer who knows exactly how to attack the weaknesses in the state’s DUI cases – and how to negotiate a great deal for clients – then you stand a better chance of getting your DUI charge reduced.
Generally, if there are factual or legal issues with your case, or your case appears to be “borderline”, then the prosecution is more likely to offer a plea deal for a wet reckless charge. Our Arizona DUI defense lawyers will advocate for you to help you get the best possible deal.
Advantages of Getting Your DUI Charge Reduced to Reckless Driving
A wet reckless charge is still a criminal offense. However, it offers multiple benefits over a DUI conviction. This includes:
- Lower penalties, including substantially lower fines, shorter or no jail time, and no requirement to install an ignition interlock device.
- Fewer points on your driving record compared to a DUI.
- Lower insurance premiums, as your insurance will likely go up, but not as much as if you had to secure SR-22 insurance after a DUI conviction.
- Less of an impact on job prospects, as reckless driving is not as big of a red flag for employers as a DUI conviction might be.
Keep in mind that a wet reckless will still be considered a prior offense if you are charged with another DUI within the next 7 years (the “lookback period”). If you get charged with driving under the influence within 7 years of getting your DUI reduced to wet reckless, it will be considered a second offense, which means that you will face stiffer penalties.
Facing DUI Charges? Give Us a Call.
Arizona has pretty harsh penalties for DUI convictions. If you have been charged with a DUI, our law offices will work hard to help you get the best possible outcome. Depending on the facts of your case, this may include the possibility of getting the charge reduced to reckless driving.
At Matthew Lopez Law, we fight for the rights of people charged with DUI and other criminal offenses in Arizona. We understand how devastating a DUI conviction can be for our clients, which is why we work hard to help them get a better result, including a reduction or dismissal of charges whenever possible. To learn more or to schedule a free initial consultation with an Arizona criminal defense attorney, call our law offices at 480-608-9998 or fill out our online contact form.
Related:
DUI and Child Endangerment Charges in Arizona
DUI for Out-of-State Drivers in Arizona
What Happens If You Get a DUI While on Probation in Arizona?