DUI Charge Reduced to Reckless Driving in Fairfax County
August 2023
Client was stopped driving home for speeding and for swerving within his lane. After taking field sobriety tests he blew .10 blood-alcohol level on the breathalyzer and was arrested for DUI. At the time our client suffered from some medical issues so we prepared his DUI case with a focus on those issues possibly affecting his ability to perform properly on the field sobriety tests. It was our position that it was not alcohol causing him to "fail" the field sobriety tests but, rather, his balance and coordination was affected for other reasons.
In court we negotiated a reduction of the DUI charge to reckless driving. This reduction saved him from the legal requirement of installation of ignition interlock into his vehicle, minimized his license suspension, was granted a restricted license to drive, and avoided a DUI conviction.
When facing a DUI it's always important to consult with an attorney that regularly handles DUI cases (a DUI Lawyer so to speak). DUI cases bring many legal issues that need to be reviewed and have a lot of consequences that can be minimized or, in some cases, avoided entirely. Be sure to ask a lot of questions of the attorney you are thinking about hiring so you're informed. In some cases it does become more about preparing the client for the consequences they will likely be facing and are unavoidable. But this helps the client get their life in order so there are no surprises. The key is to always do the best to ensure a person walks out of the courthouse without having the proverbial "book" thrown at them.
Practice area(s): DUI / DWI
Court: Fairfax County General District Court