Opinion Article
The Pros and Cons of Reducing a DUI Charge to Reckless Driving in Arizona
Every year, thousands of motorists are arrested for driving under the influence (DUI) in Arizona. A DUI conviction can carry serious consequences, including hefty fines, mandatory alcohol education classes, license suspension or revocation, and even jail time. However, for some defendants, there may be an alternative to a full-fledged DUI charge: reckless driving.
Reducing a DUI charge to reckless driving may sound like a win-win situation, but it is not without its drawbacks. In this opinion article, we will explore the advantages and disadvantages of seeking a reckless driving plea deal in Arizona.
The Pros of Reducing a DUI Charge to Reckless Driving
1. Reduced Penalties
The most apparent benefit of reducing a DUI charge to reckless driving is the reduction in penalties. A reckless driving conviction carries lighter fines and shorter imprisonment periods than a DUI conviction. For example, a first-time DUI offender in Arizona can face up to six months in jail, a fine of up to $2,500, and license revocation of up to 90 days. In contrast, a first-time reckless driving conviction could result in up to 60 days in jail and a fine of up to $1,500.
2. Lower Fines
The fines for reckless driving are typically less than those for DUI. Furthermore, a driver who reduces their DUI charge to reckless driving may also avoid other costly penalties associated with a DUI, such as paying for additional insurance or ignition interlock devices.
3. Fewer Driving Record Points
Reckless driving carries fewer points on a driver's record, which can lead to lower insurance premiums and fewer penalties in the future. For example, a DUI conviction can result in up to eight points on a driver's license. In contrast, a reckless driving conviction carries two points.
4. Less Impact on Employment and Insurance
Reckless driving is not considered as severe a traffic violation as a DUI and, therefore, may not trigger the same employment or insurance consequences that a DUI might. Many employers will not hire someone with a DUI conviction. Some insurance companies may not insure individuals with a DUI on their record or may significantly increase their rates.
The Cons of Reducing a DUI Charge to Reckless Driving
1. Similar Possible Consequences
A reckless driving conviction may result in similar consequences as those for a DUI conviction, such as license suspension and mandatory alcohol education classes.
2. May Have Limited Options for Future Plea Deals
If a driver reduces their DUI charge to reckless driving and, later on, they are prosecuted for another violation, they may have limited options for a plea deal since they have already been offered a favorable plea agreement. This is known as the “first plea rule” and could result in harsher penalties for a subsequent charge.
3. Can Still Be Surchargeable
While reckless driving is not classified as a criminal offense in Arizona, it can still be considered a moving violation. This means that reckless driving may still be subject to surcharges, which can significantly increase the amount of the fine.
4. May Be More Difficult to Negotiate If There Are Aggravating Factors
If there are aggravating factors, such as an accident or injury, it may be more difficult to negotiate a reduction from DUI to reckless driving. Prosecutors may be less willing to offer a favorable plea deal, and the defendant may end up with the same penalties as if they had been convicted of DUI.
The Bottom Line
The decision to reduce a DUI charge to reckless driving should be made on a case-by-case basis. In some circumstances, a reckless driving plea deal may be a beneficial option that avoids the more severe consequences of a DUI conviction. In others, the risks and drawbacks may outweigh any potential benefits.
If you have been charged with DUI in Arizona and are considering reducing your charge to reckless driving, it is essential to consult with a knowledgeable and experienced DUI defense attorney. Arja Shah is a well-respected attorney who has a successful track record of defending DUI cases. Contact her today to achieve the best possible outcome.
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