Criminal Defense
Since 1993
Since 1993
How to Get a DUI Reduced to Reckless Driving in Orlando
If you’ve been arrested for a DUI in Florida, it won’t take long for a friend to give you some advice you didn’t ask for: “You should get that reduced to reckless driving.” It’s true—getting a DUI charge reduced to a “wet reckless” (an alcohol-related reckless driving) is often a decent possible outcome. While some penalties are similar, we all know that having a reckless driving on your record is far better than the stigma of a DUI.
This reduction is not something a judge can grant you. It is achieved only through skillful negotiation with the prosecutor. As a DUI defense attorney, here are the five key factors I analyze to build a case for a DUI to get reduced to reckless driving.
Facing a DUI in Central Florida? A reduction to reckless driving can protect your record and reputation. Call my office to have an experienced negotiator analyze the strengths and weaknesses of your case. Call John Guidry: (407) 423-1117
The 5 Factors We Use to Negotiate a Reckless Driving Plea
1. Your Breath or Blood Alcohol Level (The “Blow”) The closer your breath or blood alcohol level is to the legal limit of 0.08, the better your chances are for a reduction. A reading of 0.08 or 0.09 is much easier for a defense attorney to challenge in court than a 0.15, and prosecutors know this. This uncertainty gives us leverage.
2. The Legality of the Traffic Stop A weak or “questionable” reason for the traffic stop is one of our most powerful negotiation tools. If you were pulled over for a minor issue like weaving within your lane or a burnt-out tag light—as opposed to speeding or running a red light—we can argue that the stop itself was questionable. If the stop was bad, any evidence gathered after it could be thrown out. Sometimes, rather than reducing your DUI to a reckless, we can get the whole thing thrown out (a topic for another day!).
3. Your Performance on Field Sobriety Tests (FSTs) Police officers almost always write in their reports that you performed “horribly” on the FSTs (they call these “exercises”, but they’re tests, trust me…). The video from their dashcam or bodycam often tells a different story. If the video shows you were relatively stable and performed the exercises reasonably well, we can use that to contradict the officer’s biased report.
4. The Credibility of Witnesses In cases involving an accident, the State’s case often depends on civilian witnesses. If these witnesses are uncooperative, have inconsistent stories, or can’t be located, the prosecutor’s case gets much weaker, making them more willing to negotiate a reckless driving plea.
5. Formal County Programs Some counties have created a structured path to a reckless driving reduction. Seminole County, for example, has an excellent “First Time DUI Offender Program” that allows a defendant to earn a reduction to reckless driving by completing certain tasks, even if the facts of their case aren’t perfect. An attorney must negotiate your entry into these programs.
Forcing the Prosecutor’s Hand
A reckless driving plea is a compromise that is earned, not given. Often, we must file legal motions—like a Motion to Suppress Evidence or a Motion to Dismiss—to formally expose the weaknesses in the prosecutor’s case. This pressure is often what’s needed to convince them that offering a reckless driving plea is a better outcome for them than losing the case entirely at trial.
This level of legal strategy is not something you can achieve on your own. Please, hire a good local defense lawyer who understands DUI cases. If you’ve been charged in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. Let’s start building your defense today.lf a good local defense lawyer that handles DUI’s. I do wish you luck on your case. Take care.
About the Author, John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.