Can You Get a DUI Reduced to Reckless Driving in Washington?

Yes, a DUI can be reduced to reckless driving in Washington State, but only through a plea bargain in which the prosecutor agrees to a lesser charge, and it’s never guaranteed. Prosecutors may consider reducing a DUI charge when the evidence has weaknesses, such as a BAC near the legal limit, problems with the breath or blood test, or a questionable traffic stop.

Other possible reductions include negligent driving in the first degree and reckless endangerment. Each avoids a DUI conviction and the mandatory minimum jail sentence that comes with DUI. There is a catch: when one of these charges starts as a DUI, Washington can treat it as a DUI “prior offense” later. Veitch Ault Defense handles DUI cases from offices in Bellevue and Lynnwood.

Key Takeaways

• A DUI can be reduced to reckless driving in Washington through plea negotiation. The prosecutor decides whether to offer a reduction based on the evidence, the driver’s record, and the facts of the case.
• What a DUI can be reduced to in Washington depends on the case. Common reductions include negligent driving in the first degree, reckless driving, and reckless endangerment.
• Reckless driving isn’t as bad as a DUI, but it’s still a crime. It is a gross misdemeanor with no mandatory minimum jail sentence, and the conviction is for reckless driving rather than DUI.
• Reduced charges count as prior offenses. When reckless driving, negligent driving in the first degree, or reckless endangerment began as a DUI charge, it can count under Washington’s DUI lookback rules.
• Vacating reckless driving reduced from a DUI takes 10 years. At least 10 years must pass from the arrest, with no new alcohol- or drug-related violation during that period.

What Can a DUI Be Reduced to in Washington?

A plea agreement allows a defendant to plead guilty to a lesser charge in exchange for resolving the DUI case. Prosecutors don’t have to offer a reduction, and the available options depend on the facts.

Of these common reductions, negligent driving in the first degree is the least serious by classification and maximum penalty. Reckless driving and reckless endangerment are gross misdemeanors. All three avoid a DUI conviction.

Is Reckless Driving Just as Bad as a DUI?

No. Reckless driving is still a criminal conviction, but Washington does not impose the DUI mandatory minimum jail and fine schedule on a reckless-driving conviction.

For example, a first DUI with a BAC below .15 carries at least 24 consecutive hours in jail unless the court uses an allowed alternative, plus a mandatory fine. DUI convictions also carry license and ignition-interlock consequences.

Reckless driving is a gross misdemeanor, but there is no mandatory minimum jail sentence. A conviction does cause a driver’s license suspension of at least 30 days. If the case started as a DUI, DOL gives day-for-day credit for certain administrative suspensions already served from the same incident.

An ignition interlock device (IID) is a breath-testing device connected to a vehicle that can prevent it from starting after detecting alcohol. A reckless-driving reduction from DUI does not automatically require a post-conviction IID in every first case. State law requires one when the driver has a qualifying prior offense within seven years, and a court can impose an IID in other alcohol-related cases.

How Long Does Reckless Driving Stay on Your Record in WA State?

A reckless-driving conviction remains on your criminal record unless it is later eligible to be vacated. When reckless driving was originally charged as DUI and qualifies as a DUI “prior offense,” the Washington Department of Licensing must keep that record permanently. RCW 46.01.260 requires DOL to retain records of DUI prior offenses rather than destroy them.

A reckless-driving conviction can also affect insurance rates. How long an insurer considers it depends on the company’s underwriting rules.

Can You Vacate Reckless Driving Reduced From a DUI in Washington?

Yes, you can vacate reckless driving reduced from a DUI in Washington, but there’s a long wait.

When reckless driving results from a charge originally filed as DUI, Washington treats the conviction as a “prior offense” under RCW 46.61.5055. That changes when the conviction can qualify for vacation. Under RCW 9.96.060, the requirements include:

• More than 10 years must have passed since the arrest for the prior offense.
• There can be no later alcohol- or drug-related violation within that 10-year period.
• The sentence must be completed, including its terms and financial obligations.
• The ordinary waiting period must also be met. For a qualifying non-domestic-violence misdemeanor or gross misdemeanor, at least three years must have passed since the latest release from supervision or probation, release from confinement, or sentencing.
• There can be no criminal charges pending when the person applies.
• There can be no new criminal conviction during the three years before the application.
• Other statutory restrictions also apply, including rules involving certain protection and restraining orders.

Washington law calls this process “vacating” a conviction, although people often call it expungement. A DUI conviction itself cannot be vacated under this law. That makes the future ability to seek vacation one possible benefit of resolving a DUI as reckless driving.

How Do You Get a DUI Changed to Reckless Driving?

You get a DUI changed to reckless driving through negotiation, usually by your defense attorney, with the prosecutor. Several parts of the case can affect whether a reduction is offered.

1. Strength of the evidence. A defense attorney can examine whether police had a lawful reason for the stop, how field sobriety tests were given, and whether breath or blood testing followed Washington law. Problems with important evidence can affect plea negotiations.
2. Your BAC. A breath or blood alcohol result near Washington’s .08 legal limit may present different issues than a much higher result. The number is only part of the case, and the reliability and admissibility of the test still have to be considered.
3. Your prior record. Prosecutors can consider earlier DUI cases, reduced alcohol-related charges, and other criminal or driving history. Prior offenses can also increase the penalties for a later DUI.
4. What happened during the incident. A routine traffic stop presents different facts from a case involving a collision, property damage, dangerous driving, or an injury. The prosecutor can consider the risk and harm involved when deciding what resolution to offer.
5. Steps taken while the case is pending. A substance-use evaluation and completion of any recommended treatment may be relevant during negotiations. These steps do not guarantee that the prosecutor will reduce the charge.

How Veitch Ault Defense Pursues DUI Reductions

Attorney Robert Ault has practiced law in Washington for more than 20 years. In a DUI case, he reviews the reason for the traffic stop, field sobriety test administration, police reports, and the procedures used to collect and test breath or blood evidence.

Our team can use problems in that evidence when negotiating for a dismissal or reduction, including reckless driving when the facts support it. If the prosecutor doesn’t make a fair offer, we can prepare the case for trial rather than accept a resolution that doesn’t fit the evidence.

Frequently Asked Questions

What is a “wet reckless” in Washington?

“Wet reckless” is an informal term sometimes used for reckless driving that resulted from an original DUI charge. Washington law does not create a separate crime called wet reckless. If reckless driving resulted from a DUI charge, however, it can count as a “prior offense” if the driver is later charged with DUI.

Is negligent driving better than reckless driving in Washington?

Yes, negligent driving in the first degree is a less serious offense by classification and maximum penalty. It is a misdemeanor carrying up to 90 days in jail and a $1,000 fine. Reckless driving is a gross misdemeanor carrying up to 364 days in jail and a $5,000 fine.

Does reckless driving count as a prior DUI in Washington?

Yes, when the reckless-driving conviction resulted from a charge originally filed as DUI or physical control. Washington includes that conviction in its definition of a “prior offense.” Prior offenses can affect the seven-year DUI penalty rules and the 15-year rule that can make a later DUI a felony when there are three or more qualifying prior offenses.

Can a DUI be dismissed instead of reduced in Washington?

Yes. A DUI can be dismissed when the prosecution cannot proceed, including cases where key evidence is suppressed or the remaining evidence is not enough to prove the charge. Dismissal depends on the facts and legal issues in the individual case.

Deferred prosecution offers another route to dismissal for eligible defendants who meet its treatment and court requirements. Under RCW 10.05.120, dismissal cannot occur before five years after entry of the deferred-prosecution order.

Talk to a Washington DUI Attorney About Reducing Your Charge

Whether a DUI can be reduced to reckless driving depends on the facts of your case, the evidence, your history, and the prosecutor’s position. Call Veitch Ault Defense at 425-452-1600 for a free consultation about your Washington DUI charge.