How do I get a Nevada DUI reduced to reckless driving?

A common defense strategy in Nevada DUI cases is to enter a plea bargain in which the DUI charge is reduced to reckless driving. There are three primary benefits to this:

1. you avoid a DUI conviction,
2. you can seal your criminal record after only one year rather than seven years, and
3. you may be able to avoid a driver’s license suspension.

The following table compares and contrasts reckless driving and DUI laws in Nevada.

NEVADA LAW	Reckless Driving	DUI
Definition	Driving with willful or wanton disregard for safety of persons or property	Driving with a BAC of .08% or higher or while under the influence of drugs or alcohol
Penalties for a first-time misdemeanor conviction	$250 to $1,000, 8 DMV demerit points, up to 6 months in jail, and community service in some cases*	Up to $1,000, DUI School, Victim Impact Panel, 185-day driver’s license revocation, and up to 6 months in jail
Penalties increase with successive convictions?	Yes, unless the case involves eluding a police officer	Yes, if the prior case was within 7 years
Triggers a license suspension?	No	Yes
Record seal wait time	1 year after the case closes	7 years after the case closes
*If your DUI charge was reduced to reckless driving as part of a plea deal, the judge will likely impose DUI penalties.

In this article, our Las Vegas DUI defense attorneys will answer the following key questions about reducing DUI to reckless driving. Also listen to our informative podcast:

• 1. Can my DUI get reduced to reckless driving in Nevada?
• 2. What are the benefits?
• 3. What are the penalties if my DUI gets dropped to reckless driving?
• Additional Reading

1. Can my DUI get reduced to reckless driving in Nevada?

It is possible but not automatic. Nevada law prohibits prosecutors from reducing or dropping DUI cases unless:

• there is no probable cause to support the DUI charge; or
• there is insufficient evidence to prove DUI beyond a reasonable doubt at trial.

In short, Nevada prosecutors are required to pursue DUI convictions except when their criminal case is clearly too weak. Five potential defenses that can persuade the state to lessen your DUI charge are:

If your attorney convinces prosecutors to agree to a reckless driving plea bargain, you will initially plead guilty (or no contest) to DUI. Assuming the judge accepts the plea, the judge will impose sentencing terms to be completed within several months. Then once you complete the sentence, the court will adjudicate you guilty of reckless driving instead of DUI.¹

2. What are the benefits?

There are four main benefits to getting a Nevada DUI charge reduced to reckless driving:

1. Better criminal record;
2. Lesser penalties on future DUIs;
3. Earlier record seals; and
4. No court-triggered license revocation.

Better Criminal Record

Employers are less likely to pass over job applicants whose background checks show reckless driving charges rather than DUIs. And a reckless driving conviction carries a lesser social stigma than DUI convictions do.

Lesser Penalties on Future DUIs

DUI penalties get much more severe with each successive conviction. So if your first DUI charge gets reduced to reckless driving – and you get arrested for DUI again in the future – this new case will be charged as a first offense DUI, not a second offense DUI.²

Earlier Record Seals

Misdemeanor DUI convictions can be sealed from criminal records seven years after the case closes. In contrast, misdemeanor reckless driving convictions are sealable only one year after the case closes.

Meanwhile, felony DUI convictions can never be sealed in Nevada. They remain on criminal records forever. Though if the felony DUI charge gets reduced to felony reckless driving, the record can be sealed five years after the case ends.³

The sooner you can clear your record, the better your job-, housing-, and loan prospects. Learn more about sealing a DUI record in Nevada.

No Court-Triggered License Revocation

Unlike DUIs, reckless driving does not carry driver’s license suspension as a penalty. However, each DUI arrest opens two separate cases:

1. The criminal case, and
2. The DMV administrative case.

So if your DUI charge gets reduced to reckless driving, you will still get your license revoked if you do not win the DMV hearing. The only way to avoid a license revocation is to win both the criminal case and DMV hearing.⁴

Your DUI attorney should represent you at both criminal court and the Nevada DMV.

3. What are the penalties if my DUI gets dropped to reckless driving?

If your Nevada drunk driving case gets dropped to reckless driving, the judge will still likely impose standard DUI penalties. A first-time DUI offense (causing no serious injuries) carries:

• Up to six months of jail time (but the judge almost always suspends the sentence);
• DUI School;
• Up to $1,000 in fines plus court costs (or the equivalent hours of community service);
• A Victim Impact Panel (such as a MADD lecture);
• an alcohol/drug evaluation (if your BAC was 0.18% or higher);
• 185-day license revocation (but it may be possible to continue driving with an ignition interlock device); and
• An order to avoid all new arrests and citations (other than minor driving offenses) while the case is open.⁵

If you complete all these sentencing terms, your DUI charge will be reduced to a reckless driving conviction. Though if you do not complete these terms, then the judge may un-suspend the six-month jail sentence and convict you of DUI.

Additional Reading

For more information, refer to our related articles:

• Sleeping under the influence – What happens when police catch you “sleeping it off” in your car.
• Unauthorized speed contests – Drag racing is a type of reckless driving in Nevada.
• DMV demerit points on driving records – How the DMV demerit point system works in Nevada.
• Reducing DUI to careless driving – Discussion of how DUI charges can get reduced to careless driving.
• DUI causing injury or death – Guide to what happens if your DUI results in someone dying or getting seriously injured.
  

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Legal References