Is there any hope I can get DUI reduced to reckless driving? 13 Answers as of August 02, 2013

I was pulled over for DUI and failure to drive in the proper lanes. I took two breathalyzers one came to .114 and the next came to .1079. I took a roadside test and did fine on the standing/walking one but the officer said my "eyes were bouncing". Thank you.

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Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
There is always hope as long as you fight it. Video may show the cops exaggerated the description of the driving and allow for suppression of evidence. Drinking pattern (time and amount) may show that you were rising at the time of the test and your BAC was lower, much lower at the time of driving. Experts will testify that the FSEs that you were asked to do mean nothing. Don't give up. Get the help you need. Fight your case.
Answer Applies to: California
Replied: 8/2/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
That depends how good your DUI lawyer is.
Answer Applies to: California
Replied: 8/2/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
The odds are not good that it would be reduced that far. Maybe to impaired driving.
Answer Applies to: Michigan
Replied: 8/2/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
It is possible, but I would have to see the facts of the case.
Answer Applies to: Washington
Replied: 8/2/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
In MA, the chance of getting an DUI reduced to Reckless Operation is close to zero. You can see that movie stars, athletes and even politicians get charged for DUI and do not get the charge reduced. DUI is a highly political crime in MA, as it is in most if not all states. There is too much pressure on the DA's office to prosecute these crimes for them to even consider reducing one. The best thing you can do is to hire a good DUI lawyer and let them look to see if there is any way to suppress the Breath Test. With the BT in evidence it is close to impossible to beat this charge. If it were a .08 or .09 you may have a chance, but a .10 is very tough to beat. The good news is that if you try a DUI case and lose, the consequences are very similar to the plea so losing at trial is not the worst thing that can happen to you. That is assuming you get a decent judge. There are some judges that will sentence even a 1st offense DUI to a 1 year suspended sentence. There are too many variables to go through them all here. What you should do is contact a local DUI lawyer. Every area has lawyers who are known to handle a lot of them.
Answer Applies to: Massachusetts
Replied: 8/2/2013
    Hudson Bair | Hudson Bair
    If you are looking to fight your case, you can get your case reduced. However, you may be able to do better than that, failure to drive in the proper lanes may not be a legal reason to stop you. You should discuss your case with a DUI defense attorney, you may be able to beat your case, or at least get it reduced.
    Answer Applies to: California
    Replied: 8/2/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Both your tests were over the legal limit. Get a lawyer and they may be able to get the matter reduced.
    Answer Applies to: Nebraska
    Replied: 8/2/2013
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