How to Get a DUI Reduced to Reckless Driving in Washington State

Washington takes DUI law very seriously.

Washington state requires a restricted use license for at least one year after a driving under the influence (DUI) conviction. The holder of the license may only drive cars fitted with an ignition interlock, requiring them to pass an in-vehicle breathalyzer test before the car will start. Getting a DUI reduced to a reckless driving charge will not only save you from the ignition interlock but a permanent record, larger fines and possible jail time.

Instructions

1. Understand Washington's DUI law. Anyone found to be driving with a blood alcohol level greater than 0.08 is considered legally intoxicated. The state of Washington collects this evidence through a blood or breath test at the scene as the primary evidence against you.

2. Understand your chances of getting the charge reduced. Blood tests results are accurate and precise. Breath test results have a margin of error that is plus or minus 5 percent.

3. Subtract 5 percent from the lowest reading in your breath toxicology report. The new number, which may have been your actual blood alcohol level at the time in question, may be less than 0.08. The charges may be lowered with this information alone.

4. Collect any information of your lucidity at the time in question. Go to the police station responsible for your arrest, request a police report and highlight any information reporting your non-drunk behavior.

5. Collect any information that would lead one to reasonably believe that the time in question was an isolated incident. Go to the nearest Department of Motor Vehicles in the state that holds your license to request a driving record reflecting a history of safe driving for supporting evidence. Tell any attorney you have hired to defend you if you have a clean criminal history.

6. Present this information to your criminal lawyer -- low blood alcohol levels and evidence of an isolated incident. The lawyer will present this information to the prosecutor and bargain for the charges to be lowered. The prosecutor may lower the charges in the form of a bargaining agreement before a trial begins.

Tips & Warnings

• It is highly advisable to use a lawyer, a public defender or a trial lawyer to help you through this process. Do not go to trial hoping to get the charges lowered. The blood alcohol evidence will be enough for a conviction if you were found to have more than 0.08 after the margin of error was taken into account.

• Do not contact the prosecutor's office on your own with this information.

• There is no way to reduce the charges after a conviction -- it will be on your permanent record. A Washington state DUI comes with criminal and civil penalties. The Washington Department of Motor Vehicles will proceed with civil penalties on your license and driving record independent of the criminal court.

References

• KOMOnews.com; Prosecutors Push Push to Reinstate Breathalyzer Readings as Evidence
• Washington State Department of Licensing
• Gomeslawfirm.com; Washington DUI Process Explained