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Can I Get My DUI Reduced to Reckless Driving in Colorado?

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Posted By William McAdams | October 4 2024 | DUI

A DUI offense is a criminal offense with severe penalties like fines, probation, and license revocation for up to two years. Drivers who get convicted of a DUI charge might also find it hard to secure employment opportunities involving driving or get affordable insurance.

Defending yourself against a DUI charge is necessary to minimize the long-term consequences you face. Accepting a reckless driving charge is a common defense strategy that reduces the type and severity of penalties associated with DUI.

A skilled DUI defense attorney in Greeley, CO, can negotiate with the prosecutor to reduce your case from DUI offense to reckless driving when possible.

Differences Between DUI and Wet Reckless Convictions

Driving under the Influence(DUI) occurs when a driver operates a vehicle when their blood alcohol concentration(BAC) is above 0.08%. The penalties for a DUI charge depend on the number of prior convictions, among other factors. Consequences for even a first DUI conviction can be harsh, however, and they only increase with subsequent cases.

Wet reckless is an informal plea bargain where a person arrested for DUI receives a lesser charge for reckless driving. The option of reckless driving is often available to first-time DUI offenders or when there were no injuries or property damage.

The consequence of pleading guilty to reckless driving is a less harsh penalty upon a conviction. More importantly, you’ll avoid a DUI on your record.

Under Colorado laws CRS § 42-4-1401, reckless driving is a Class 2 misdemeanor offense punishable by up to days in jail, 8 points on your DMV driving record, and a fine of up to $300.

Can I Get My DUI Reduced to Reckless Driving in Colorado?

Whether you can get your DUI charge reduced to reckless driving depends on the specific facts of your case.

Some of the factors that may contribute to a successful plea bargain include:

  • Whether you have prior DUI convictions or a criminal record
  • Your level of Blood Alcohol Concentration at the time of arrest
  • Any facts or circumstances that may question the credibility of breath or blood test
  • If there is any injury or property damage associated with the incident
  • The nature of the evidence available against you

If any of the above factors lessen the possibility of a conviction, the prosecutor may be willing to negotiate for a reduced charge.

The Role of Legal Representation in Negotiating Charges

A plea bargain from a DUI charge to reckless driving is beneficial to the prosecutor and the defendant. By negotiating for a fair plea deal, you can avoid the cost of the trial, reduce your charges, and avoid losing your license.

The outcome of negotiations depends on the strength of the prosecutor’s case, the applicable circumstances, and the negotiation skills of your attorney. You need a Greeley skilled DUI attorney ready to investigate, compile evidence, and communicate effectively during negotiations.

Benefits of a Wet Reckless Plea in Colorado

Driving under the influence charge is a more severe charge compared to reckless driving.

Here are the advantages of reducing your DUI charge to wet reckless:

  • Jail Term—Reckless driving attracts a maximum jail term of 90 days, whereas a DUI charge can lead to a jail term of up to six years.
  • Fines—The maximum fine associated with a wet reckless charge is $300, compared to a DUI charge, which can lead to a fine of up to $700,000.
  • License Suspension—Those convicted of reckless driving do not face license suspension. Drivers convicted of a first DUI charge face up to 9 months of license suspension and more extended revocation periods for subsequent charges.
  • DMV License Points— Reckless driving leads to an accumulation of 8 points on your DMV driving record. Depending on the number of prior convictions, a DUI charge can lead to 12 points on your DMV record.

Further, reckless driving carries less social and professional stigma than a DUI charge. A reckless driving charge will not appear on your record when a potential employer or landlord performs a background check.

Get in Touch With an Experienced Greeley, Colorado DUI Defense Attorney to Discover Your Options

Considering the implications of a DUI charge, you should explore different strategies to reduce the penalties or dismiss the case. You want defense representation from a skilled attorney with a thorough understanding of DUI rules and defense tactics.

McAdams Law Office DUI and criminal defense attorneys have over 20 years of experience, giving us an advantage in protecting your rights. Contact us online or at (970) 353-0000 for a free consultation.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.