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Can the Prosecutor in Boise Reduce Your DUI Charges to a Reckless Driving Charge?


If you’re arrested and charged with DUI in Boise, Idaho, you’ll be facing some pretty serious penalties. Even if it’s your first offense, you’ll be facing possible jail time and hefty fines. You’re also going to have your license suspended for some time. This can impact your life significantly. You may not be able to get back and forth to work. And if you carry a professional license, it can be affected by a DUI conviction in Idaho. That’s why it’s preferable to try to negotiate to have your charged reduced or dismissed. This is something your Boise DUI defense lawyer can do.

In a lot of states, the prosecutor has the option of reducing your DUI charge to something called a “wet reckless.” This is just a reckless driving charge that involves alcohol – hence, the “wet.” In most states, if the prosecutor agrees to do this, you won’t see a DUI appear on your criminal record. Instead, it’ll appear as a reckless driving charge. There may be a condition that says, if you’re charged with a future DUI, your reckless driving charge may be converted back to a DUI.

In Idaho, this isn’t an option. While the prosecutor may agree to reduce your charge to a wet reckless charge, it’ll still show up as a DUI on your criminal record. This means it’ll continue to hurt your chances of maintaining your professional license. It will also count as a prior offense if you get arrested for DUI again in the future.

Why Does My Criminal Record Matter?

If your Boise DUI lawyer is able to get the prosecutor to reduce your charges to a wet reckless, you’ll face lower penalties. In fact, your sentence will include the penalties associated with a reckless driving charge rather than a DUI. However, technically, Idaho doesn’t allow or preclude a wet reckless plea. This means that, as far as your court records go, it’ll still say you were convicted of DUI. While the penalties will be reduced, the charge and criminal record will not be.

This can affect you in a variety of ways, including:

  • If you are applying for a job and they do a criminal background check, it will show a conviction for DUI. This could prevent them from hiring you. The same could be true if you were applying to rent a property.
  • Your professional license could be at stake. If you’re a teacher or lawyer, a conviction for a DUI can have a significant impact on your career. You could be suspended or lose your job all together.
  • If you’re applying to school, they may run a background check. If they see a conviction for DUI, they may not accept you.

This is why it’s so important that you have a skilled DUI lawyer by your side in Boise. They’ll try to get the charges dismissed rather than plead to a wet reckless charge.

What are the Penalties for a Wet Reckless Conviction in Idaho?

While the penalties for a wet reckless aren’t as bad as a DUI, they’re still pretty stiff. For your first offense, you’ll face up to 6 months in jail and fines of up to $1,000. If you get convicted for a second time, you can face up to 1 year in jail and fines of up to $2,000. You’ll also face a suspension of your driver’s license. For a first offense, it’ll be suspended for thirty (30) days and a second offense carries a suspension of 90 days.

Contact an Experienced DUI Defense Lawyer in Boise, Idaho

If you’re arrested for DUI in Boise, you’re going to have to attend your first court appearance within a few days. This is where you tell the court how you plead. Your Boise DUI defense lawyer will use this opportunity to talk to the prosecutor. They’ll see if they’re willing to reduce your charges or dismiss them all together. Whether it seems fair or not, the prosecutor is going to be more willing to negotiate with a lawyer than a defendant.

Call today and talk to one of our experienced DUI defense lawyers in Boise, Idaho. They can sit down and review your case. They’ll let you know what you’re up against. They can let you know what the penalties are if you’re convicted. They’ll also try to negotiate with the prosecutor from day one. There is a lot at stake in a DUI court case. You don’t want to risk handling it on your own.