Often, clients ask our Tampa DUI Lawyers about the possibility of getting their pending DUI reduced to a reckless driving charge. The reduced charge of reckless driving is often a possibility. However, while people often ask for the reduction, they are often unsure what the actual benefits are to receiving such a sentence. There are five main reasons that a Tampa DUI Attorney seeks to get your DUI charge reduced to the charge of reckless driving as part of a plea bargain.
1. It’s cheaper
DUI’s are expensive. The legislature has decided to impose massive fines on those convicted of DUI. The fines and court costs for a first time DUI are upwards of $1K. If the breath test was taken and the result was over a .15, the costs go up to $1.5K. A second DUI within 5 years of a prior DUI conviction will result in a 2.5K fine. And a third DUI within 10 years can result in a court costs in excess of 4K! These costs do not include probationary costs, which are between $50-$60 monthly.
A reckless driving charge does not carry with it these ridiculous costs. The fine is often as low as $500.
2. Less Social Stigma
Arguably the most painful part of being arrested for a DUI is the potential social stigma that it carries. MADD, or Mothers Against Drunk Driving, have helped spearhead a national movement vilifying drunk driving. Now, employers often ask specifically in employment applications if the applicant has ever been convicted of DUI, or driving under the influence.
A reduction of the charge to a reckless driving is a way to resolve the criminal matter without assuming the intense social stigma and ramifications that accompany a DUI conviction.
3. No mandatory license suspension
A DUI conviction requires the DMV to suspend your license for a minimum of 6 months for a first offense. But repeat offenders suffer harsher penalties. A second DUI conviction within 5 years a prior conviction requires a minimum five year suspension. A third DUI conviction within 10 years a prior conviction requires a minimum 10 year suspension. And a fourth conviction for DUI, regardless of the date of the prior convictions, is a lifetime revocation. This is required by law; a Judge must impose these sanctions.
A reckless driving conviction, however, does not require a license suspension. That means regardless of the number of DUI’s in your past, a reduction of your DUI charge to a reckless driving may keep you on the road.
4. No mandatory jail time
Jail time often accompanies enhanced DUI’s. In fact, a second DUI within 5 years of a previous DUI conviction requires ten days in jail. A third DUI conviction within ten years of a previous DUI conviction requires 30 days in jail. A felony DUI can be punished by up to five years in prison!
If your DUI s reduced to a reckless driving, no jail is required under the law, regardless of how many DUI’s are in your past.
5. No insurance premium increases
A DUI conviction will increase your insurance premiums. Florida Law, for example, requires every driver convicted of a DUI in the State of Florida to increase the amount of bodily injury coverage hey carry. This is known as a FR-44 form. This can get quite costly. A reduction of the DUI charge to a reckless driving may help you avoid being required to obtain these costly insurance premiums.
Call a DUI Attorney today
If you have been charged with a DUI in Tampa, New Port Richey, Clearwater, or St. Petersburg, contact a DUI Attorney today at 813-554-3232 (Hillsborough) or 727-753-0049 (Pasco and Pinellas). Ask to speak directly to a DUI Attorney. We are located at 918 W Kennedy Blvd. , Tampa, FL, 33606
[...] was asking for 90 days in jail and a third time DUI conviction. We negotiated a reduction to a reckless driving and no time in jail. This made the state happy, because they got something. And the client was [...]