A common defense strategy in Nevada DUI cases is to enter a plea bargain in which the DUI charge is reduced to reckless driving. This is a favorable resolution because:
- You avoid a conviction of driving under the influence, and
- You can seal your criminal record after only one year rather than seven years.
In this article, our Las Vegas DUI defense attorneys will address the following key issues regarding lessening drunk driving to reckless driving in Nevada:
- 1. Charge Reductions
- 2. Benefits
- 3. Penalties
- 4. DUI vs. Reckless Driving
- Frequently Asked Questions
- Additional Reading
1. Charge Reductions
It is possible to get your Nevada DUI charge reduced to reckless driving, but it is not automatic. Nevada law prohibits prosecutors from reducing or dropping DUI cases unless either:
- 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. In our experience, five potential defenses that have proven successful in persuading the state to lessen DUI charges are:
- Law enforcement did not have reasonable suspicion to pull you over, or they did not have probable cause to arrest you.
- The police officers did not administer the field sobriety tests (FSTs) correctly.
- The breathalyzer was not calibrated, or the blood test samples were contaminated.
- You were suffering from a medical condition or taking a medication that caused inaccurate FST-, blood- or breath-test results.
- You had rising blood alcohol, meaning your blood alcohol content (BAC) was below 0.08% while you were driving but rose to unlawful levels later on while you were being tested.
If we convince 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
It may be possible to get Nevada DUI charges reduced to reckless driving.
2. Benefits
Lower Future DUI Penalties
Nevada 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 your criminal record 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 prospects for jobs, housing, and loans.
Even if your driver’s license gets revoked in a DUI case, you can typically continue driving with an IID in your cars.
3. Penalties
If your Nevada drunk driving case gets dropped to reckless driving as part of a plea bargain, the judge will still likely impose standard DUI penalties. A first-time DUI offense (causing no serious injuries) typically carries:
- A suspended jail sentence of up to 6 months;
- 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 driver’s license revocation (but you can usually 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.4
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 unsuspend the six-month jail sentence and convict you of DUI.
Defendants typically complete standard DUI penalties as a condition of getting the charge lessened to reckless driving.
4. DUI vs. Reckless Driving
The following table compares and contrasts reckless driving and DUI laws in Nevada.
| NEVADA LAW | Reckless Driving | DUI |
| Elements | 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 1st-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 revocation? | 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. | ||
It is always a victory when a court agrees to reduce a drunk/drugged driving charge down to reckless driving.
Frequently Asked Questions
How likely is it to get my Nevada DUI reduced to reckless driving?
It is not automatic. Nevada law requires prosecutors to pursue DUI convictions unless there is no probable cause or insufficient evidence to prove DUI beyond reasonable doubt.
Your chances improve if there are issues with the traffic stop, field sobriety tests, breathalyzer calibration, blood test contamination, medical conditions affecting test results, or rising blood alcohol levels.
What penalties will I still face if my DUI gets reduced to reckless driving?
Even with a reduction, you will typically complete standard DUI penalties as part of the plea deal, including up to six months suspended jail time, DUI school, up to $1,000 in fines, victim impact panel, 185-day license revocation (though you can usually drive with an ignition interlock device), and avoiding new arrests while the case is open.
How does getting a DUI reduced to reckless driving help my future?
You get two main benefits: First, if you are arrested for DUI again, it will be treated as a first offense instead of a repeat offense (which carries harsher penalties). Second, you can seal your criminal record after just one year instead of waiting seven years, which helps with jobs, housing, and loans.
What happens if I do not complete the required penalties in my plea deal?
If you do not complete all the sentencing terms (like DUI school, fines, victim impact panel), the judge may activate the suspended six-month jail sentence and convict you of the original DUI charge instead of the reduced reckless driving charge.
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.
Legal References
- NRS 484C.110. NRS 484C.420.
- NRS 484C.400. NRS 484B.653.
- NRS 179.245.
- NRS 484C.400. See, for example, In re Discipline of Pawlowski (2016) 132 Nev. 985.