DUI Lawyer: “Can You Get a DUI Reduced to Reckless Driving?”

By: William C. Head, Atlanta Criminal Defense Attorney, Board-Certified in DUI Defense by NCDD.com

Once arrested for driving under the influence, a person facing a DUI in GA usually goes to the Internet to look for answers to their pressing questions. What shocks people is learning that a DUI conviction in GA can never be expunged or removed from a person’s record, or “age off” her or his criminal history.

Reducing a GA DUI to reckless driving in GA is not always possible. While both Georgia DUI and reckless driving misdemeanor crimes can exist in the same criminal case, the usual situation is that both traffic crimes are not accused in the same arrest.

Our partners, Larry Kohn, Cory Yager, and the author of this article, have always provided a DUI lawyer free consultation with a DUI lawyer who is a partner at our Firm. We understand how stressed and anxious someone can feel after being arrested and seeing their car towed away.

Those recently arrested often call to ask about the odds of getting DUI dropped in the Peach State. In many states, incidentally, like North Carolina, Kentucky and in several more jurisdictions, state laws prohibit the prosecutor from offering to reduce a DWI-DUI charge.

The good news for those arrested in the Peach State is that reductions are not only possible but are likely when top legal representation is obtained. This maxim is applicable at least for that person’s first offence DUI in Georgia.

Your best solution in Georgia is to have a skilled and experienced DUI criminal defense lawyer to fight for a DUI dismissal or reduction to a less serious crime like reckless driving in Georgia. A few of those common queries may include these (or similar) online Web searches:

a. How do you beat a DUI? By immediately contacting top-rated criminal defense lawyers who help their clients avoid most DUI convictions in drunk driving court cases. This is especially applicable to a DUI in Georgia first offense.

b. What is DUI less safe Georgia? Under OCGA 40-6-391, subsection (a)(1), any accusation that is built on circumstantial evidence because it lacks a blood test, breath test or urine test to show that the driver was “over the legal limit.” Simply stated, “less safe for the person to drive” and having the odor of alcohol on his or her breath are two completely different things. Being less safe to drive DUE TO TOO MUCH ALCOHOL (or drugs) is the officer’s burden to prove.

The usual circumstantial evidence is erratic driving (or possibly an accident) by the detained driver that led to the pullover or police encounter. Many detained drivers are unaware that roadside evaluations like the HGN eye test, the walk and turn evaluation and the one legged stand were OPTIONAL, and VOLUNTARY, and that no penalty would have been imposed for simply saying “no” to those non-scientific tests.

c. In the criminal prosecution, what are the chances of winning a DUI jury trial?

Five major components dictate the wisdom of going to a jury trial: (1) the case facts as captured by the arresting officer(s) and their video and audio equipment; (2) whether the client knew to not talk, and to not attempt the roadside “field tests”; (3) how little our client said to police before the cuffs were put on his or her wrists; (4) if the client submitted to the post-arrest forensic testing, did the arrested person demand her or his independent test, after cooperating with the police officers, which is every DUI detainee’s right in Georgia; and (5) whether the client had any prior DUI convictions or even DUI arrests that were reduced, which often causes the prosecutor to not offer any non-DUI dispositions.

d. Who are the top DUI lawyers for avoiding a DUI in Georgia?

When it comes to “professions” like a doctor, an engineer, an architect or even a journalist, the usual differentiators come from that industry’s ratings, plus other accomplishments, like book authorship in that “field.”

The same is true of lawyers, but the internet has opened new “credentials” in the form of online client ratings and legal practice “polls” by national legal platforms like Best Lawyers in America, AVVO and Super Lawyers. Our three partners have been named to all of the major legal outlets like Martindale, Super Lawyers and AVVO, plus we co-author the State’s leading book on DUI defense, “The Georgia DUI Trial Practice Manual.”

e. What are my chances of getting my DUI reduced to reckless driving or even dropped entirely? For first time arrestees, it is very often possible, but the case must be one for which no aggravating factors puts “making a deal” impossible. Bad behavior toward police is the #1 culprit. Plus, if the person is visibly and audibly intoxicated or obtunded by the impact of taking drugs, these cases will not have the best chances for any pre-trial reduction.

f. Do I need an attorney for a DUI? Yes, all accused citizens SHOULD obtain legal counsel. Indigent individuals are entitled to appointed legal counsel with a DUI-DWI lawyer, under the 6th Amendment of the United States Constitution.

g. What are some signs that a DUI case is weak? Numerous case factors can point to a likely “reduction” or dismissal of DUI charges, when you hire top-rated DUI defense lawyers near me.

All Doctors (and Lawyers for DUI) Are NOT the Same

Finding a good surgeon is partly a numbers game. Research suggests (for a knee replacement) that you’ll do best with an orthopedic surgeon who does more than 50 knee-replacement operations a year.

Patients of low-volume orthopedic surgeons were twice as likely to score poorly on recovery of normal function measurements. One example of the post-operation “dexterity” was being able to fully extend their knee two years after surgery. (Source: AARP Magazine, February/March 2017, p. 67).

This analogy between trials and surgery is “spot on” correct. There is no substitute for experience and prior successes in getting DUI reduced to reckless driving. Getting a DUI in Georgia reduced to a Georgia reckless driving is the “gold standard” for DUI defense attorneys, and what most of our clients are seeking, when they hire our partners.

Hire the Best DUI Lawyer in Georgia

All three of our Super Lawyers have helped many clients reduce their charges. They often lower DUI charges to reckless driving.

Sometimes, they can even reduce the charge to a less serious one, like speeding or failure to maintain lane. In many cases, after conducting pre-trial motions, we get the DUI offense dismissed, entirely.

For the last 6 years in a row, partner and ex-DUI police officer, Cory Yager, has exceeded 100 cases for which a Georgia reckless driving disposition, a DUI dismissed or a reduction to a lesser traffic offense (like speeding, failure to maintain lane, or following too closely) occurred. Shown here is one of his statewide DUI attorneys awards.

FREE Appointment & FREE Copy of Mr. Head’s Drunk Driving Book for Clients

Call us for a FREE lawyer consultation today, at 404-567-5515. A DUI specialist at our DUI law firm will speak to you 24 hours a day, to assist you in accomplishing your goals to KEEP driving, not have a DUI on your criminal record, and restore your life, as best we can.

Plus, we send an initial contact email with a FREE PDF copy of Mr. Head’s 430-page book on your legal rights, when facing a DUI in Georgia. No Georgia DUI lawyer or criminal defense attorney Atlanta has more Super Lawyers recognitions than Bubba Head.

Do I need a lawyer for a DUI? YES. If you need an attorney’s fee payment plan, we are willing to work with you and can accommodate most potential clients. A DUI is too important to NOT fight the drunk driving case.

View this YouTube video on reckless driving and DUI from 2008. When you call, at our Firm, you will be talking with a law partner, not a law clerk or an associate.

Other valuable insights on this website:

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