Category: DUI Topics

In our last article, we spoke about the impact of reducing DUI charges to Negligent Driving. In this article, we are going to focus on the consequences of reducing a DUI to Reckless Driving. In WA State, Reckless Driving is a more serious offense than Negligent Driving. However, it is less serious than a DUI conviction.

Reckless Driving and DUI are both gross misdemeanors and therefore carry the same maximums of 364 days in jail and a $5000 fine. DUI and Reckless Driving both require the purchase of SR-22 insurance for 3 years. In Tacoma, Seattle, and other areas of King and Pierce County, it is not common for maximum penalties to be enforced.

There are some important differences between a conviction for DUI and Reckless Driving:

• Reckless Driving convictions result in a 30 day license suspension

• DUI convictions result in a license suspension for a minimum of 90 days

• DUI convictions require an ignition interlock device

If you have been arrested for DUI and would like information regarding your license suspension and criminal case, click here. 

For general information about Reckless Driving in Washington State, click here. 

Please contact our law office or another qualified WA DUI attorney before making any decisions about your case. DUI laws are very complicated and there are many arguments that your DUI lawyer can make on your behalf.

Depending on the circumstances surrounding your DUI arrest, it may not be possible to negotiate a dismissal of your charges. Often times, a WA DUI attorney will negotiate a lesser charge on your behalf. For example, Negligent Driving in the First Degree is a simple misdemeanor that carries a maximum jail sentence of 90 days and a $1000 fine. In comparison, a DUI is a gross misdemeanor. A gross misdemeanor in WA State has a maximum fine of $5000 and 364 days in jail.

If you are charged with DUI and end up accepting the charges of 1st Degree Negligent Driving, this would be considered a reduction as Negligent Driving is a less serious crime than DUI. In addition, there are no driver’s license consequences for a Negligent Driving charge. A DUI conviction comes with an automatic driver’s license suspension as well as potential requirements such as SR-22 insurance, Ignition Interlock License, alcohol treatment, etc.

While a reduction to Negligent Driving may be a good result in some scenarios, you should speak to a DUI lawyer about your specific case. Factors that determine leverage for negotiations include your criminal history, prior convictions for DUI, blood alcohol content (BAC) level, and police conduct during and after the arrest. Your lawyer will be in the best position to assess all the evidentiary and legal issues pertinent to your case. If a DUI dismissal is not possible, they can advise you on the pros and cons that result from the choices between negotiated settlements and a trial by jury.

Washington State Patrol police cars as well as some police cars in Tacoma and Pierce County can record video and audio during a DUI stop. This footage can be used by prosecutors as part of the discovery (evidence used against you). These videos are produced from cameras mounted to the front of the police vehicles and in some cases can be very valuable to your DUI defense.

DUI arrest video footage can be used to corroborate or contest the officer’s version of events that are documented in the police report. The audio portion can also help put statements made by a defendant in context with the larger event. If the officer exaggerated or includes false details, the video can seriously undermine the officer’s credibility as a witness. If there are even minor issues with the collaboration of the police report and video evidence, this can provide leverage for negotiations on your DUI criminal case, during your driver’s license suspension hearing, or at trial.

Cristine is a Tacoma, WA DUI lawyer who has found these videos to be very useful in a number of cases where the DUI arrest video footage did not mimic the stop as described in the police report. Video footage can help your DUI attorney find issues for suppression of evidence used against you and for information about whether the officer followed the required legal procedures (properly advising of rights, administering tests in the appropriate fashion, etc.). This evidence can be used to negotiate favorable outcomes such as a full DUI dismissal, a reduction to a lesser charge or infraction, reinstatement of driving privileges, or an acquittal at a jury trial.

If you are stopped for a DUI arrest in Tacoma, Puyallup, or any jurisdiction in WA State, there is a criminal case and a Department of Licensing administrative action. The DOL hearing only addresses whether or not a person’s drivers license will be suspended. The Department of Licensing does not take into consideration an individuals life circumstances or lack of criminal or DUI history. The only thing at issue is whether the breath test or DUI refusal is admissible. You need an experienced DUI attorney who can find and successfully argue potential suppression issues in your license suspension case. Cristine Beckwith is a Pierce County based DUI lawyer who has had success fighting for her clients to keep their driving privileges.

In WA State, most people understand that you can be charged with DUI if your breath test result is .08 or above. However, WA State law provides that you can be charged with driving under the influence of intoxicating liquor when your ability to drive is effected to any appreciable degree. This general law determines that you can be charged with drunk driving and have a breath test of under .08. For example, if a Tacoma police officer observes careless driving or you are in a motor vehicle accident, they may recommend that you be charged with DUI even though your breath test was under the legal limit. This is especially true if you are unable to pass the optional field sobriety tests. Cristine Beckwith is a Tacoma Pierce County DUI attorney that has had successful results fighting for clients with breath test results above and below the presumptive legal limit.