If you’ve been charged with driving under the influence (DUI) in Tucson, Arizona, you may be wondering if there’s any way to avoid the harsh consequences associated with a DUI conviction. One potential avenue is negotiating to have your DUI charge reduced to a reckless driving charge. At Tamou Law Group, our experienced Tucson DUI lawyers have successfully helped clients achieve this outcome, minimizing the impact on their lives. Here’s everything you need to know about getting a DUI charge reduced to reckless driving in Tucson.
Understanding DUI Charges in Tucson
In Tucson, a DUI charge is taken very seriously and can result in severe penalties. Arizona has some of the strictest DUI laws in the country, with heavy fines, mandatory jail time, and the installation of an ignition interlock device (IID) for even a first offense. Under Arizona Revised Statutes § 28-1381, a person can be charged with DUI if they operate a vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or higher (standard drivers).
- With a BAC of 0.04% or higher (commercial drivers).
- While under the influence of drugs or alcohol to the extent it impairs their ability to drive safely.
DUI charges in Tucson can escalate to Extreme DUI (BAC of 0.15% or higher), Super Extreme DUI (BAC of 0.20% or higher), or even an Aggravated DUI (if certain aggravating factors are present, such as driving with a suspended license or having multiple DUI convictions).
DUI consequences in Tucson
The consequences of a DUI conviction in Tucson can be life-changing. They often include:
- Jail time ranging from several days to months, depending on the severity of the DUI.
- Fines and fees that can exceed thousands of dollars.
- Mandatory alcohol education classes and community service.
- Installation of an IID, which can be costly and inconvenient.
- License suspension, which impacts daily commuting and work responsibilities.
These penalties highlight the importance of exploring all options, including the possibility of reducing a DUI charge to a less severe offense, such as reckless driving.
What is Reckless Driving in Tucson?
Reckless driving, under Arizona Revised Statutes § 28-693, involves driving a vehicle “in reckless disregard for the safety of persons or property.” While still a criminal offense, it carries less severe penalties compared to a DUI. Reckless driving is generally a Class 2 misdemeanor, and the penalties may include:
- Up to 4 months in jail (though often less or suspended time if it’s a first offense).
- Fines that are significantly lower than those for DUI charges.
- Possible probation instead of jail time.
- No requirement for an IID in most cases.
Reducing a DUI charge to reckless driving means avoiding many of the stringent consequences associated with a DUI, making it an attractive option for individuals facing DUI charges in Tucson.
Can DUI Charges Be Reduced to Reckless Driving in Tucson?
Yes, it is possible for DUI charges to be reduced to reckless driving, but it depends on various factors specific to each case. This reduction is not automatic and usually requires the expertise of a skilled Tucson DUI lawyer who knows how to negotiate effectively with prosecutors. Some factors that may influence the possibility of a reduction include:
- BAC Level: If your BAC was close to the legal limit (0.08%) and you have no prior offenses, prosecutors may be more willing to negotiate.
- No Aggravating Circumstances: If there are no aggravating factors—such as minors in the vehicle, excessive speeding, or prior DUI convictions—it strengthens the argument for a reduced charge.
- Questionable Evidence: If there are inconsistencies or errors in the evidence collected, such as faulty breathalyzer results or incorrect procedures during the arrest, a defense attorney can use these to negotiate a plea for reckless driving.
- Demonstrating Mitigating Circumstances: Showing that you have a clean driving record, have enrolled in alcohol education programs, or have sought treatment voluntarily can serve as mitigating factors that make a reduction more likely.
Benefits of Reducing a DUI Charge to Reckless Driving
Having a DUI charge reduced to reckless driving in Tucson has several advantages:
- Avoid Jail Time: While jail time is mandatory for DUI convictions in Arizona, reckless driving charges do not always result in jail time, especially for first-time offenders.
- Lower Fines: The financial penalties associated with reckless driving are considerably lower than those for DUI.
- No IID Requirement: One of the most burdensome aspects of a DUI conviction is the installation of an IID, which is not typically required for reckless driving.
- Preserve Your License: In many cases, reducing a DUI to reckless driving can help prevent a lengthy license suspension, allowing you to maintain your freedom to drive.
- Less Impact on Your Criminal Record: While both DUI and reckless driving are criminal offenses, reckless driving is generally viewed as less severe and may be easier to expunge or set aside in the future.
How Can a Tucson DUI Lawyer Help You Achieve a Reduction?
At Tamou Law Group, our skilled Tucson DUI lawyers understand the legal tactics necessary to negotiate a DUI charge down to reckless driving. The process generally involves:
- Analyzing the Evidence: Our team will meticulously review the police report, breathalyzer results, field sobriety tests, and any video footage to identify weaknesses in the prosecution’s case.
- Filing Pre-Trial Motions: We may file motions to suppress evidence if there were any procedural errors during your arrest, such as lack of probable cause or improper administration of tests.
- Negotiating with Prosecutors: Our lawyers will use the evidence and any mitigating factors, such as your clean record or BAC level, to negotiate with the prosecutor for a reduced charge.
- Building a Strong Defense Strategy: If a reduction is not immediately offered, we are prepared to go to trial and build a compelling defense that puts pressure on the prosecution to reconsider their stance.
Our goal is to achieve the best possible outcome for you, whether that means having your DUI charges dismissed entirely or negotiating for a reduction to reckless driving.
Examples of Successful DUI Reductions in Tucson
Tamou Law Group has a proven track record of helping clients reduce their DUI charges to reckless driving. For instance:
- Case Study 1: A client with a BAC of 0.09% and no prior criminal record was initially charged with DUI. We successfully argued that the traffic stop lacked probable cause, leading to a reduction of the charge to reckless driving.
- Case Study 2: In another case, we highlighted inconsistencies in the field sobriety test administration, convincing the prosecutor to offer a plea for reckless driving instead of pursuing the original DUI charge.
Contact Tucson DUI Lawyers Today
If you are facing DUI charges in Tucson and want to explore the possibility of reducing your charge to reckless driving, don’t hesitate to contact Tamou Law Group. Our Tucson DUI lawyers will provide you with a free consultation to review your case and discuss the best legal options available to you. Call us today at 623-321-4699 or visit our office at [insert address] to schedule your consultation.
Additional Resources
- Arizona Department of Transportation (ADOT) – ADOT DUI Information
- National Highway Traffic Safety Administration (NHTSA) – Impaired Driving
- Pima County Courts – Criminal Division
