I had a dui in 2013 with a .08 or above listed and it got reduced to reckless with alcohol as a factor. I was a cdl driver and am trying to return. The company I use to work for said I can only come back if it says that the alcohol percent was also withheld but it is showing that it is not as my charges are now reckless with adjudication withheld. Should it have also been changed (alcohol percent) or is that seperate? Thank you
There are two places your DUI/Reckless case will appear. First, the court record will show the withhold on a reckless driving and won't reference the alcohol level. The second place the case will show is on the DHSMV record. It will show that your license was suspended at the time of your arrest for having an "unlawful breath/blood alcohol level over .08". that would be the 6-month administrative suspension you got at the time of the arrest. My guess is that the company is looking at the DHSMV record.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida and in Federal courts. Florida Bar #337821, Admitted 1982.
When the prosecutor reduces your charge from DUI to "Reckless Driving" and you enter a plea to Reckless driving it changes the actual crime you are being sentenced to. DUI is Fla. Statute 316.193 and "Willfull and Wanton Reckless Driving" (also known as simply "Reckless Driving") is Fla. Statute 316.192. Take a look at Florida Statute 315.192 (5) - you will see that sub-paragraph (5) has special conditions if someone is charged with "Reckless Driving with Alcohol". As a result, in your situation, the prosecutor did not just charge you with simple "Reckless Driving" - instead the prosecutor charged you with "Reckless Driving With Alcohol". Your breath test results are irrelevant and do not change when they charge you with "Reckless Driving With Alcohol". A copy of the original DUI citation that the officer wrote gets sent to the DMV. The DMV has it's own separate rules (different from criminal court) and the DMV will suspend your license automatically if they have evidence from the arresting officer that you had a breath test level over .08. If you did not seek to challenge their suspension within 30 days after the DUI arrest, it is probably too late to challenge the DMV's suspension for having a breath test level over .08 - and that is what is showing up on your driving record.
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