If I received my first DUI last night., is it possible to get this reduced to reckless driving?

I made an illegal U-turn. I blew a .119. The officer was extremely nice, he said it was unfortunate that I was pulled over. Does the officer that was involved have any input on the actual outcome of my punishment? He didn’t take me to jail, I was taken to a DUI checkpoint.

Asked on July 15, 2012 under Criminal Law, Arizona


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

You asked whether your DUI arrest (with breath test results of 0.119) could be reduced to reckless driving on a first lifetime  DUI offense.  The simple answer is, yes, that is possible.  I have had DUI charges reduced for clients with breath test results as high as 0.213.  There are several facts that must be taken into consideration, such as: the venue (what court); which prosecutor; the facts of your case; probable cause and procedures followed by the arresting officer.  You should contact an attorney right away, and remember, because your breath test results are higher than 0.08, you only have ten (10) business days to take action to protect your driving privileges.

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