May 17, 2016

When Your DUI Gets Reduced to Reckless Driving in Nevada

when your dui gets reduced to reckless driving

*actor portrayal

If you’re charged with DUI or DWI in Nevada, you might think that your options are limited. On the contrary, Nevada offers a lot of leeway for people who have been charged with DUI while in the state. Nevada’s laws are a lot less strict when it comes to driving under the influence than other states. Once the DUI charge happens it can be reduced to a reckless driving charge.

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Why Would I Want a Reckless Driving Charge?

  1. Lesser Impact on Criminal Record: Employers usually check out the criminal records of their prospective employees to ensure that they’re not hiring someone who can be a danger to themselves or the company as a whole. The reckless driving charge holds a lot less weight than a DUI charge and is less likely to turn an employer off hiring you.
  2. Lesser Penalties on Future DUI Infractions: When someone is busted for DUI, each successive DUI afterward gets worse and worse to deal with. Since a reckless driving charge doesn’t constitute a DUI charge, any future DUI charges won’t be ramped up. The lesser DUI charges isn’t an invitation to continue driving under the influence but serve to protect you in case you’re caught doing it again.
  3. Earlier Case Seals: When a case is completed and filed, it is public record for a certain amount of years. DUI’s have a time frame of seven years after completion before the courts can be petitioned to seal them. Reckless driving cases only remain open for two years before a petition can be lodged for sealing.
  4. No Court-Triggered License Suspension: If you’re caught for DUI in Nevada, the courts will suspend your license for a certain amount of time. A reckless driving charge does not come with a mandatory license suspension in Nevada, and that means that even if convicted you do not stand to lose your ability to drive off of a reckless driving conviction.

What is Needed for the Charge to be Commuted?

Three critical things must be present for a DUI to be changed to a reckless driving charge in Nevada. Firstly, there must be no damage to private property. Secondly, there must be no injuries to people. Thirdly, your BAC level must be low so that the influence of alcohol comes into question as a reason for your reckless driving. All of these must exist for the sentence to be commuted to reckless driving. Failing one of these will result in a DUI charge.

Be Prepared

Driving under the influence is something many people do from time to time. However, if you’re caught for a DUI in Nevada and you conform to the requirements, you can move to have your charge changed into reckless driving. Contact John Marchiano, criminal defense attorney for one-on-one help with dealing with the law on a DUI charge in Nevada. We have the experience, and we’re willing to help you get your charge commuted.