Deffered vs. reckless

I recently got a DUI. This is my 1st one, I’m 48, never been in trouble before and I blew a .096 and .093. I’ve been looking at going deffered, but I don’t have a problem with alcohol/drugs. It was an isolated case of very poor judgement on my part. I am in the process of going back to school for radiology and the course is quite demanding. Would I be better off trying to plead it down to reckless?Thank you…

Asked on June 10, 2009 under Criminal Law, Washington


James White / Legacy Legal, PLLC

Answered 11 years ago | Contributor

Yes, you'd be better off trying to plead down to reckless or even better is negligent driving first degree.  Reckless has a short driver's license suspension period.  Neg 1 has none.  Both count as a prior if you get another DUI.  You cannot do a deferred if you do not have a chemical dependency issue (or mental health issue) that needs ongoing treatment.  There is only a mandatory 1 day jail on your first DUI.  30 to 45 on your second, 90-120 on your third.  So, unless you have a clear chemical dependency problem, save the deferred prosecution (which costs a bundle and takes a lot of your time) for a later charge.  You only get to do one deferred prosecution ever. 

At your service,  

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