Is It Possible To Reduce A DUI To A Dry Reckless Charge?

Posted on: 5 June 2015

There are generally only two ways out of a DUI charge: get the charge dismissed or have it reduced to a lesser crime. One of lesser offenses you may be able to plea bargain down to is a dry reckless charge. Here's why this is a better option than others and the likelihood you'll get the prosecution to agree to the compromise.

What is Dry Reckless?

Dry reckless is basically another term for reckless driving, which is defined as operating a vehicle with flagrant disregard for property or people. However, it's called dry reckless to indicate no alcohol was involved in the driving offense. Conversely, wet reckless is basically the same charge, but the name acknowledges that alcohol was a factor.

Advantages of a Dry Reckless Charge

The benefit of a dry reckless charge is that it's typically treated like a regular moving violation. Generally there is

  • No minimum sentencing
  • No threat to have your license revoked
  • No penalty for repeat offenses
  • A shorter amount of jail time
  • A lower fine

For instance, in California, the financial penalty for a dry reckless charge is $145 as opposed to the up to $3,000 penalty you could be slapped with for a DUI.

The offense will only be charged as a misdemeanor and, unlike a wet reckless conviction, it will not be counted if you should get another DUI charge in the future. This is important because, in many states, the penalties increase for each DUI you are convicted of within a certain period of time (e.g. 3 DUIs in 5 years = up to $10,000 fine in New York).

However, the conviction will land on your driving record, which could lead to other consequences such as higher insurance rates and the inability to qualify for certain types of employment.

Likelihood of Getting a Plea Bargain

A lot of states are cracking down on DUI plea bargains, so it may be very challenging to get the prosecution to agree to the lesser offense. Additionally, some states prohibit plea bargaining in cases where the defendant had a certain blood alcohol level.

However, you're more likely to get a DUI successfully dropped to a dry reckless offense if one or more of these factors are true:

  • It is your first DUI offense
  • You're underage
  • Your blood alcohol level was right at or below the limit
  • The prosecution doesn't have a solid enough case
  • Your attorney was able to get critical evidence thrown out
  • You passed the field sobriety test even though your BAC was at or slightly over the limit (indicating you may not have been impaired)

For more information, contact Hogan-Kimrey LLP Attorneys At Law or a similar firm.

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