Sometimes a DUI charge is reduced to a lesser offense such as reckless driving which carries a milder penalty of up to a $500 fine, up to three months in jail, or both and 5 points assessed against your driver’s license. This usually happens in the time period between arraignment and trial when the prosecutor and defense attorney discuss the case.
Since most prosecutors agree that there is a margin of error on the DataMaster breath tests, a DUI case with a low breath test has a chance of being amended to reckless driving.
A DUI charge may also be amended if the prosecutor has a problem proving the case for some reason, such as, the breath test was improperly administered. Part of the defense attorney’s job is to carefully scrutinize the prosecutor’s case to discover potential problems and capitalize on them. If your charge is reduced, you should thank your lucky stars and learn from the experience.