Defense strategies play a crucial role in DUI (Driving Under the Influence) cases in Nevada, where individuals charged with DUI offenses often seek ways to mitigate the consequences and protect their rights. A common defense strategy in Nevada DUI cases involves opting for a plea bargain, wherein the DUI charge is reduced to reckless driving. This approach offers three primary advantages:
- Avoiding a DUI conviction.
- The possibility of sealing the criminal record after just one year instead of seven years.
- Potential avoidance of a driver’s license suspension.
In this article, our team of DUI defense attorneys at The Bourassa Law Group will address some key questions regarding reducing DUI to reckless driving. By understanding the intricacies of this defense, individuals can make informed decisions regarding their legal options and strive for the best possible outcome in their DUI cases. Read on to learn more.
Is It Possible to Have a DUI Reduced to Reckless Driving in Nevada?
Although not guaranteed, it is indeed possible to obtain a reduction or dismissal of a DUI charge in Nevada. Prosecutors face limitations when it comes to reducing or dismissing DUI cases. They can only do so if there is a lack of substantial evidence to establish DUI beyond a reasonable doubt or if there exists no probable cause to substantiate the DUI charge. Several potential defenses can cause the state to consider reducing the DUI charge, including:
- Demonstrating that law enforcement lacked reasonable suspicion to initiate the traffic stop or lacked probable cause to make the arrest.
- Highlighting any inaccuracies or errors in the administration of field sobriety tests (FSTs) by the police officers.
- Challenging the calibration of breathalyzers or the possibility of sample contamination in blood tests.
- Presenting evidence that a medical condition or medication may have caused inaccurate FST, blood, or breath test results.
- Showing that the blood alcohol content (BAC) was within legal limits while driving but increased to illegal levels after ceasing to drive.
If your attorney successfully convinces the prosecutors to agree to a plea bargain for reckless driving, you will initially plead guilty or no contest to DUI. If the plea is accepted, you will be given a sentence to complete within a few months. Upon successfully completing the stipulated sentence requirements, the court will reduce your charge to reckless driving rather than DUI.
What Are the Benefits of Reducing a DUI Charge to Reckless Driving?
There are four primary benefits of reducing your Nevada DUI charge to reckless driving charge:
- Less Severe Criminal Record: Employers are generally more lenient towards job applicants with reckless driving charges on their background checks than those with DUI convictions. Reckless driving convictions carry a lesser social stigma than DUI convictions.
- Lesser Penalties for Future DUIs: DUI penalties become increasingly severe with each subsequent conviction. By having your first DUI charge reduced to reckless driving, any future DUI arrests would be treated as first offenses rather than second offenses.
- Earlier Record Sealing: Misdemeanor DUI convictions can be sealed from criminal records after seven years, whereas misdemeanor reckless driving convictions can be sealed after only one year. Felony DUI convictions can never be sealed in Nevada. If a felony DUI charge is reduced to felony reckless driving, the record can be sealed after five years.
- Avoiding License Revocation due to Court Action: Unlike DUIs, reckless driving does not typically result in a driver’s license suspension. However, it’s important to note that each DUI arrest initiates two separate cases: the criminal case and the DMV administrative case. If your DUI charge is reduced to reckless driving, your license may still be revoked if you don’t succeed in the DMV hearing. Winning both the criminal case and the DMV hearing is the only way to completely avoid license revocation.
Your attorney from The Bourassa Law Group will represent you in both the criminal court and the Nevada DMV administrative hearing.
What Penalties Apply If a DUI Charge Is Reduced to Reckless Driving?
The judge usually imposes standard DUI penalties if your Nevada DUI case is reduced to reckless driving. For a first-time DUI offense without causing serious injuries, these penalties may include the following:
- Up to six months of potential jail time, which is often suspended by the judge.
- Attendance at a DUI School.
- Fines up to $1,000 plus court costs or the equivalent hours of community service.
- Participation in a Victim Impact Panel, such as a MADD lecture.
- An alcohol/drug evaluation for a BAC of 0.18% or higher.
- A 185-day license revocation, potentially allowing driving sooner with an ignition interlock device.
- An order to avoid new arrests and citations (except for minor driving offenses) while the case is open.
If you complete all the required terms of the sentence, your DUI charge will be reduced to a reckless driving conviction. Failure to fulfill these terms may result in the judge unsuspending the six-month jail sentence and convicting you of DUI.
Need Assistance?
If you have been arrested for driving under the influence in Nevada, we encourage you to contact our lawyers at The Bourassa Law Group for legal advice. Our dedicated team of lawyers are experts at seeking reductions or dismissals of DUI charges throughout Nevada.