A lot of people ask how to reduce a DUI charge to reckless driving. This article was written by James R. Snell, Jr., who is a lawyer with offices in Lexington and Columbia who has been defending DUI cases since 2004. He is also the author of the book South Carolina DUI Defense: The Law and Practice.
The only way to reduce a South Carolina DUI charge to reckless driving is by an agreement between both the prosecution and defendant. The prosecution will be either the police officer who made the DUI arrest, or a lawyer working for that police department. The defendant is the one who was arrested and charged. Agreements to reduce a DUI to reckless driving must be made BEFORE the case would go to trial or before the defendant enters any plea of "guilty" or "no contest".
Reckless driving is a 6 point ticket, and normally carries a fine of $440 (although some judges may discount that sometimes). Reckless driving is not considered a "lesser included offense" of DUI, and as a result the judge or a jury at a trial cannot find someone not-guilty of DUI but instead find them guilty of reckless driving. The only way to reduce a DUI to reckless driving is by specific agreement as mentioned above.
Years ago it was almost automatic in many parts of South Carolina that someone charged with DUI could be offered reckless driving. This is not true anymore. DUI laws have been strengthened, penalties increased, and DUI conviction rates (not just arrests), are important for police departments and prosecutors offices In order for a DUI to be reduced typically there must be some sort of legal or evidentiary defense to the DUI. In fact, many area courts may REQUIRE the government to put on the record why a DUI is being reduced.
In order to learn if there is a legal or factual defense that can help our client obtain a reduction to reckless driving, we begin cases by requesting full discovery materials from the government. This includes the officer's body cam, in-car dash camera, police report, score sheet for field sobriety tests, and any other materials collected. These are reviewed by our attorneys to identify each and every possible legal and factual defense to a DUI charge. Often times the prosecution needs to be specifically pointed out and educated on the issues with the case in order to obtain a reduction. It is not illegal to drink and drive in South Carolina, it is only illegal to drive while materially and appreciably impaired. This is a subjective standard, meaning police officers make decisions to arrest for DUI based on their personal opinion.
You should keep in mind that it's not in everyone's interest to agree to a reckless driving charge. There are situations where a reckless may be offered because there are major issues that would prevent the government from being able to prosecute. There are also times when defendants who have been falsely accused of DUI will want to turn down a reckless driving offer and instead seek a total dismissal or finding of not-guilty by the court. We recommend our clients only consider a reckless driving reduction after all the discovery information has been reviewed by our attorneys and they have been advised on the "pros and cons" of their case, and they are convicted a reduction is in their best interest.
While reckless is a significant reduction from a DUI, in some cases it is possible to obtain even more favorable outcomes. This may be offers to reduce to even lower-level traffic offenses (2 or 4 point level tickets), or pursue an absolute dismissal. If you are facing a DUI in Lexington, Columbia or elsewhere in South Carolina you are welcome to contact our office for a free consultation. Consultations are held in-person in our main location in downtown Lexington, and you will have a chance to meet directly with an attorney regarding your specific situation. Everything you discuss with our office and the attorney will be kept confidential. It's important to reach out for help as soon as you can, and before you go to court or go in front of a judge.