If you have been charged with DUI in South Carolina, you may be wondering if it is possible to have your charge reduced to reckless driving. As an experienced DUI attorney, I help clients across Lexington, Columbia, and throughout the state understand their options, including the potential benefits, and drawbacks, of negotiating for a reckless driving reduction.
What Is a Reckless Driving Reduction?
In some DUI cases, it’s possible to resolve the charge by pleading guilty to a lesser offense, such as reckless driving. This happens through a plea agreement with the prosecutor. A reckless driving conviction still carries penalties, but they are generally less severe than those for DUI.
Reckless driving is significantly less serious offense than DUI, although it still may be significant. It carries 6 points and a fine of up to $440. It may be viewed negatively for purposes of employment background screening, especially for those with positions involving driving. Finally, a reckless driving conviction will very likely increase your car insurance rates.
Pros of a Reckless Driving Reduction
- Avoids a DUI Conviction: A DUI conviction in South Carolina comes with a permanent criminal record, driver’s license suspension, mandatory alcohol classes, and even the possibility of jail time. A reduction to reckless driving typically will come with a dismissal of your DUI, removing the arrest from your record. For many, this lack of criminal record can be the biggest benefit to the reduction. There is no way to ever remove a DUI conviction from your record.
- No Mandatory License Suspension: While a DUI conviction results in an automatic license suspension, reckless driving does not, unless you accumulate enough points on your record.
If you have other recent major violations:
You also will face a 90-day suspension and requirement for SR-22 insurance if you have a prior reckless driving conviction in the past 5 years. 3 or more major traffic violations in a 3-year period also will trigger Habitual Offender status, suspending your license for years.
- Lower Insurance Consequences: Although reckless driving may still raise your car insurance rates, it is often less damaging than a DUI, which will result in SR-22 insurance requirements and significantly higher premiums.
Cons of a Reckless Driving Reduction
- Still a Traffic Offense: Reckless driving is a traffic offense and will be reported to the DMV and appear on your driver history report.
- Points on Your License: Reckless driving carries 6 points on your driving record. This can impact your ability to drive if you already have points accumulated.
- May Not Be an Option for Everyone: Not all DUI cases are eligible for reduction. The decision is up to the prosecutor and depends on factors like prior offenses, BAC level, and the facts of the case.
Should You Seek a Reckless Driving Reduction?
Every DUI case is different, and the best resolution depends on your goals and circumstances. For some clients, a reduction to reckless driving is an excellent outcome. For others, it may make sense to challenge the DUI charge in court and seek a dismissal or acquittal.
Many people think that a reckless driving offer is “automatic”, and made in every case. While this may be been seemingly true 20-30 years ago, many area DUI courts have employed professional prosecutors, and seek DUI convictions whenever possible. To obtain any reduction, including to reckless driving, it frequently requires the defense to be able to demonstrate to the government what the weaknesses are in their case and that there are potential defenses to the charge.
Is Reckless driving the best outcome possible?
While reckless driving is a significant improvement over a DUI, it may not be the best outcome possible. If you turn down a reckless driving plea offer and proceed to court you retain the possibility of the prosecutor just dismissing the charge, or obtaining a not-guilty verdict from the court. If there are significant defenses available in your case it may also be possible to receive other offers, such as too fast for conditions, which will carry a lower fine and fewer points than reckless driving.
At the Law Office of James R. Snell, Jr., LLC, we help clients evaluate their options and develop a defense strategy that fits their needs. Whether you’re hoping to negotiate a reduction or contest the charges entirely, we can help.
Call Today for a Free Consultation
If you have been charged with DUI in Lexington, Columbia, or anywhere in South Carolina, contact us at (803) 359-3301 to schedule a free consultation. Same-day appointments are usually available, and we can begin work on your case immediately.