Is it at all possible to get my DWI reduced to a reckless driving?

Asked about 2 years ago - Grand Rapids, MN

It is my first offense ever. I only blew a .093. I was pulled over by two squad cars for an air freshener on my mirror. They refused to let me see my first PBT test and then made me take another one.

Attorney answers (6)

  1. Christopher Wesley Keyser

    Contributor Level 12

    8

    Lawyers agree

    Answered . It is possible, depending on the prosecutor. Some prosecutors have a blanket policy of not agreeing to careless or reckless driving while some have an opposite policy of agreeing to reduce charges whenever the BAC is .10 or less. It really depends on the specific facts and circumstances of the case. I agree that you also need to address your implied consent case (license revocation). I recommend getting in touch with an attorney in your area. Good luck!

  2. Christian Ryan Peterson

    Contributor Level 16

    7

    Lawyers agree

    Answered . It depends on the prosecutor you work with, but many times they will be willing to allow you to plead to a lesser charge widen your alcohol level was low. It is worth talking to the prosecutor to see whether this is possible.

    However, remember that along with the criminal case you also have an implied consent license revocation. If that remains on your record it can be treated like a DWI in future proceedings. So simply getting a plea to careless driving isn't enough. You also need to deal with your license. That is why it's usually a good idea to speak with an attorney about how you should proceed,

    You can call me to talk about the matter further, 612-223-7286

  3. Thomas C Gallagher

    Contributor Level 17

    7

    Lawyers agree

    Answered . It's possible, if you have a good lawyer fighting for you. Generally, chemical test reports don't matter much, in my experience - except those close to the "properly working" machine's inherent margin of error. Getting a Careless in the criminal case only helps if you fight and win the administrative license revocation. That must be challenged within 30 days. You'll need a lawyer's help to do that.

  4. Max Allen Keller

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . Mr. Gallagher's and other answers are correct. Not only is it possible to get a careless if you blow a .093, with a skilled attorney it should be highly likely. See www.dwi-legal.com more more info and call us for a free initial consult 952-913-1421.

    www.KellerLawOffices.com
  5. W. Harvey Skees

    Pro

    Contributor Level 6

    2

    Lawyers agree

    Answered . Just this morning my client's DWI charge was reduced to a Carless Driving via a plea agreement with the Prosecutor and she was a .11 test. In short, hiring a skilled DWI attorney that has a better chance of getting the charge dismissed through careful case analysis and litigation can often lead to the Prosecution "offering" a Careless Driving... but each case lives and dies by it's own facts.

  6. Christopher N. Hoover

    Contributor Level 7

    2

    Lawyers agree

    Answered . I agree with the previous answers. In Texas, it is up to the elected District Attorney in the county where your DUI is pending. Some allow it, some don't. I firmly agree that you need a good DUI lawyer for this. In my experience, prosecutors only offer this disposition to good DUI lawyers who have a reputation for winning at trial. The cheap lawyers who always plead clients guilty never get this offer. Good luck.

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