A DUI (Driving Under the Influence) or a DWI (Driving While Impaired) conviction in Maryland has serious consequences. The level of seriousness holds true whether the conviction is based on a DUI, where your blood alcohol content (BAC) is .08 or more, or your conviction is based on a DWI, where your BAC is lower, but there are other impairment factors.

If you’re charged with a DUI/DWI, you may also be charged with the following offenses:

• Negligent driving
• Speeding
• Aggressive driving
• Reckless driving
• Failure to maintain lane
• Failure to yield
• Failure to come to a complete stop
• Running a red light
• Public drunkenness

The police and/or prosecutor may charge you with some or all of these additional offenses. Your criminal defense lawyer may try to negotiate a plea bargain, so you plead to a lesser offense.

Reduction to a reckless driving charge

One common strategy that an experienced DUI/DWI defense lawyer will use is to create enough doubt about the prosecution’s case to convince the prosecutor to reduce the DUI or DWI to a reckless driving charge.

The if both sides agree, the trial judge will generally approve a reduction from a DUI or DWI to reckless driving. Generally, drivers who are intoxicated or impaired are stopped in the first place because they were weaving, speeding, or acting recklessly. In most cases, the police officers charge the driver with both a DUI/DWI and reckless driving.

There are several advantages to a reduction from a DUI/DWI to a reckless driving charge – in Maryland, reckless driving is not a jailable offense and the fine is usually lower; there are fewer points associated with reckless driving, so you may be able to retain your license; and you will not need to install an ignition interlock device (IID). However, even with a reckless driving conviction on your record, your insurance rates may still increase. Generally, though, the tradeoff to reduce the charges to a non-jailable offense is worth the administrative inconvenience. In addition, our office has had great success in keeping our clients’ driver’s licenses valid with a reckless driving conviction.

Maryland defines reckless driving as driving:

• In wanton or willful disregard for the safety of persons or property; or
• In a manner that indicates a wanton or willful disregard for the safety of persons or property.

At Carey Law Office, our experienced Bowie and Crofton DUI defense lawyer fights to have the charges against you dismissed and to obtain acquittals. We also work to negotiate plea bargains to less serious offenses such as reckless driving instead of a DUI or DWI. To understand your rights and discuss your options, call our Bowie, Crofton or Owings offices at 301-464-2500 or fill out our contact form to make an appointment.