Reckless Driving vs DUI - How To Get Your Charge Reduced Or Dropped

There’s a huge difference between DUI and reckless driving. While the behaviors associated with each inevitably overlap, when it comes to the criminal charges, there is a world of difference between the two: one that can mean the difference between steep penalties that stunt your professional growth, limit your mobility, and permanently tarnish your criminal record, and those that you can inoculate with some legal help.

If you’ve been charged with a DUI in Washington, all hope isn’t lost. Believe it or not, there are situations in which you can reduce your charge from a DUI to a reckless driving offense. However, before we dive into how to do that, it’s worth taking a closer look at each charge.

It can be difficult to distinguish between “garden variety” reckless driving, so to speak, and DUI charges, since driving drunk certainly counts as reckless driving and, on the flip side, reckless drivers often are impaired (unless they suffer from an awful case of road rage or simply can’t stand to put their phones down while weaving through rush hour traffic – but we digress. You aren’t here for a lecture on safe driving.).

Let’s dive in by discussing each charge. Then, we’ll turn to the reduction question. So, reckless driving vs DUI charges? Here's what you must know if you've been charged with either of these.

What Is a DUI?

In Washington, you can receive a DUI charge for driving under the influence of drugs or alcohol. Because the stakes are so high (DUIs are responsible for a staggering number of deaths each year – in 2016, nearly a third of all traffic deaths in the U.S. involved alcohol, a rate the CDC deems roughly one in three), DUIs carry serious penalties from fines to license suspensions and, in many cases, jail time.

What does it take to reach DUI status? We have included a breakdown below.

Your BAC (blood alcohol concentration) is:

Your punishment will vary based on your BAC level at the time of your arrest. However, even if your BAC falls below the legal limit, you may still face penalties.

In addition to the criminal repercussions, you will also face administrative penalties with the Washington Department of Licensing (DOL). These will be separate penalties stemming from the same DUI incident. In virtually all cases, administrative or otherwise, your penalties will vary based on the number of DUIs you’ve committed and the specific circumstances.

DUI Penalties: A Closer Look

License Suspension

When you’re arrested for a DUI, the DOL will suspend your license for a period of 90 days to two years, starting 30 days after your arrest. After your arrest, you will have seven days to request an administrative hearing to review your suspension. You can request this hearing online, or by filling out an official Request for DUI Hearing for a small fee.

If the administrative hearing clears up your DUI, you will be able to keep your license. However, you may still be convicted of a DUI in an official court hearing.

DUI Convictions in Washington State Courts

If your criminal record is clear (i.e., no DUIs in the past seven years), you may face the following penalties if a Washington judge convicts you of a DUI:

For a BAC of less than 0.15%, you can face either:

1) a 90-day license suspension and jail time (between one and 364 days), OR

2) a fine of between $940 and $5,000.

For a BAC of 0.15% or more, OR by refusing a chemical test, you can face either:

1) a license suspension for one year for your BAC and two years for your test refusal and jail time (between one and 364 days), OR

2) a fine of between $1,195.50 and $5,000.

You may also be required to attend educational programs on alcohol and drug use. And in some cases – for instance, if you were driving with a passenger under age 16 – you may face heightened penalties.

DOL Penalties AFTER a Court Conviction

If a Washington judge convicts you of a DUI, the court will notify the DOL. Then, depending upon the circumstances of your specific case, the DOL may suspend your license for 90 days to up to four years. This will start 45 days after the court notifies the DOL.

If your license has been previously suspended, the DOL will credit that time toward your current suspension.

The Washington Ignition Interlock Driver’s License

If you have to drive while your license is suspended (e.g., if you are the sole breadwinner for your family and need your vehicle in order to work), you can apply for an ignition interlock driver’s license, or ILL. This will require a few steps, starting with completing a form online, having an interlock device installed on your vehicle, submitting insurance forms to the DOL, and paying a small application fee.

What is Reckless Driving in Washington?

Turning to reckless driving, Washington law is clear: reckless driving is considered a serious moving violation and involves a willful, deliberate disregard for the safety of others. The key is “willful:” in other words, it involves KNOWING that you are driving recklessly. So when you angrily cut off that obnoxious driver who’s been holding up the Starbucks drive-through line, you are probably driving recklessly if you’re knowingly making moves that could be dangerous to other motorists, like weaving through lanes of traffic or blowing through a pedestrian crosswalk.

In some cases, reckless driving may involve instances of brashness like racing, weaving, and speeding. In the DUI context, though, a driver’s intoxication, alone, can qualify. In other words, even if your behavior would generally be considered normal, the act of driving while under the influence of drugs or alcohol can be deemed inherently dangerous and thus, reckless.

Minor traffic offenses like speeding tickets are infractions but reckless driving is elevated to misdemeanor status. Whether an infraction rises to the level of a misdeem depends on factors like the weather, presence of other ppl, time of day, etc. to discern your level of “willfulness.”

Examples of Reckless Driving

Depending on the circumstances, the following behaviors may also be deemed reckless:

Reckless Driving Penalties

Reckless driving is generally considered less serious than a DUI. First and foremost, reckless driving charges do not carry mandatory jail time, fines, or ignition lock requirements – so long as it is your first offense in seven years (although, judges do have the discretion to impose certain sentences given the circumstances). Not to mention, a reckless driving charge does not carry the same stigma as a DUI, making it less damning to your criminal record or your future employment prospects.

Nonetheless, a reckless driving charge can still hurt – a lot.

First of all, it carries an automatic 30-day license suspension. And if your DUI is reduced to reckless driving and you are later convicted of a DUI or related charge, then the reckless driving charge may count as a prior and be used against you to increase your sentence.

A few other negative consequences include:

Expungement Options For Reckless Driving And More

Expungement can be a saving grace for your record: Some states will automatically expunge a reckless driving charge at certain time intervals. For instance, if your license was suspended for safety reasons, you see it expunged after three years.

However, in other cases, you may not be eligible – for instance, if your accident resulted in a fatality or if your license has a pending suspension or revocation.

Here’s what can be vacated from your record in Washington:

While these convictions can be vacated, note that the court has the discretion to do so and it is not automatic – many judges will refuse to do so, particularly if your charges were reduced from a DUI. At any rate, in order to qualify for record vacation, you will need to show that you:

Now that you know what a reckless driving charge looks like – and the common penalties it carries – let’s talk about getting your DUI reduced.

“Wet Reckless” Driving in Washington: Reducing Your Sentence

“Wet reckless” is a plea bargain whereby a DUI is reduced to a reckless driving charge. In Washington, wet reckless is also called “negligent driving in the first degree.”

If you’re been arrested for DUI, you may be in luck if it’s your first: a defense attorney can help you negotiate your charge down to wet reckless, which is much less serious. Whether this happens is largely up to the prosecutor, but still, your attorney plays a major role. If your attorney successfully highlights the weaknesses in the State’s case, you may have a shot at a favorable plea deal.

Let’s take a closer look.

Wet Reckless: What it Involves

In most states, drunk driving is charged according to its own laws, that is, the typical DUI laws that prohibit driving with a BAC of 0.08% or more. However, in some states (like Washington), you can actually be convicted of reckless driving as an alternative to a DUI. This often looks like a deal offered to first-time offenders on the Washington roadways. Washington doesn’t restrict plea bargaining in DUI cases, so you have some leeway. Generally, a wet reckless is a misdemeanor punishable by up to 90 days in jail and a a fine.

Pros and Cons of a Wet Reckless Charge

Before you jump at a plea deal, however, it’s vital to sit down with a defense attorney to discuss the potential benefits and drawbacks. Here are a few that your attorney may ask you to consider:

Pros:

Cons:

How to Reduce Your Charge

Generally speaking, the State may be willing to offer you a wet reckless charge in cases with mitigating factors or weak evidence connecting you to the crime. Mitigating factors may include:

On the other hand, if there are aggravating factors present, you may have a harder time scoring a wet reckless plea deal. The State generally is less likely to offer a reduction in cases involving serious injuries.

When there are evidentiary issues involved, prosecutors may worry that they will be unable to prove your charges in court and so will offer a deal. Evidentiary issues may involve uncertainty surrounding your BAC, for instance.

Reducing Your Charge: Common Attorney Tactics

There are several steps your lawyer can take in reducing your charge. For instance:

Ultimately, your attorney will attempt to poke holes in the State’s case by parsing the specific facts and circumstances that led to your arrest.

Other Reduced Charges

In some cases, a Washington prosecutor may offer you additional options for a reduced charge, such as:

Nonetheless, a wet reckless is the most common plea deal you will see. If you can plead down to the above offenses, though, even better: These offenses are not deemed “priors” should you be charged with another DUI, so they won’t be as damning to your record.

The First Step is To Talk to A Lawyer. Let Us Help You Do That.

When you’re accused of DUI or reckless driving, the consequences go far beyond your initial sentence, leaving ripple effects in your employment prospects, driving privileges, and financial security, not to mention points galore on your license and sky-high insurance premiums.

As such, your first step should be engaging an advocate who can help you handle your charges so that you don’t inadvertently make your situation even worse. Here at Off the Record, we can help. Just download our app (for iOS or Android) or visit our website, tap a few buttons, snap a photo of your ticket, and we will connect you with a lawyer in your area.

Image credit: Nan Fry CC BY-SA 2.0