Is a negligent driving conviction better than a DUI conviction?

You were the lucky one last weekend. You had drinks with some friends after work, forgot your headlight was out, and got arrested for DUI when the police stopped you at a traffic light. However, you drove well. And your breath test was over the legal limit. You want this resolved as quickly as possible, and the DA has offered you first-degree negligent driving as a plea deal. What should you do?

First, you should speak with a DUI attorney, who can help you assess your situation, including whether or not you have grounds for dismissal, as well as help you decide whether or not to plead guilty to reckless driving. And you must do this sooner rather than later. With the help of an attorney, you may even be able to keep your driving privileges.

Second, you need to understand what first degree negligent driving is. But before I explain, let me emphasize that the statute I’m using in this example is a Seattle, Washington statute. If you are in a different state, the laws may be different. Be sure to speak with a DUI attorney before making any decisions.

First degree reckless driving is very similar to driving under the influence and very similar to second degree reckless driving. This is first degree negligent driving in a nutshell: operating a motor vehicle in a manner that is negligent and endangers or is likely to endanger any person or property while exhibiting the effects of having consumed alcohol or an illegal drug.

Negligence is defined as: “the failure to exercise due care”; and “doing something that a reasonably careful person would not do in the same or similar circumstances or failing to do something that a reasonably careful person would do in the same or similar circumstances.” Exhibiting the effects of alcohol is roughly defined as having the odor of alcohol on the breath, gold exhibit behavior of having consumed alcohol, Y is in possession of or in close proximity to alcohol, gold it is shown by other evidence that you have recently consumed alcohol.

The penalty for this action in the state of Washington is up to a $1,000 fine and up to 90 days in jail (characterized as a misdemeanor). What is significant here are two things. First, the penalty is minor (DUI is a serious misdemeanor: a fine of up to $5,000 and up to a year in jail). And second, there is no license suspension associated with a reckless driving conviction.

In the end, if you are charged with DUI and it appears that the prosecution has a pretty strong case, a guilty plea to reckless driving in the first degree can be quite a compromise. Your license may not be suspended, you may not be jailed, and you may be fined less. And you don’t have a DUI on your record, which can often carry significant stigma. However, before making the decision, be sure to consult with a DUI attorney.