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If you are charged with a DUI and it is reduced to Reckless Driving, does that still count as a first DUI in 10 yrs?

Lawrenceville, GA |

If in the future I got a DUI again, is that going to count as a second or a first? Which I hope will never happen.

Attorney Answers 6

  1. No it would not.

  2. The next one would count as a first, though most prosecutors will probably still recommend a higher than normal sentence since you have been charged before.

  3. Only a conviction for DUI can serve as the basis to make a future DUI a "2d" offense. However, the prior arrest woudl affect the prosecutor and judge on what sentence you may get.

  4. No. But bear in mind that if you are charged with DUI again, your lawyer's ability to negotiate with the prosecutor will be very limited because of the prior reduction. Most judges will increase sentencing. It will not, however be considered a first DUI for purposes of license suspension and minimum mandatory penalties.

  5. No you do not have a DUI resulting from the DUI arrest if you pled to a lesser charge of Reckless driving. However it may be important to remember that should you have an occasion to have a Judge or Prosecutor review your record for insight as to mcharging you or sentencing you on a subsquent charge, they can make whatever decision they want (legally) as to the fact you were arrested for DUI befor. I once had a prosecutor call the arresting agency for one of my clients prior arrest and got copies of the incident report and police report before he would make a recommendation. Most of the time the quest is have you had a prior DUI, and that would be no if it was reduced to Reckless driving.

  6. Short answer - No it will not count as a first DUI if it is reduced to a lesser charge. Although we all like short simple answers, there can be problems if you are charged in the future with another DUI. Most solicitors and judges review a defendant's driver/criminal history. Previous DUI charges often result in less favorable negotiations with solicitors and harsher sentences from judges. I hope this information has been helpful. Good luck!! George McCranie

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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