What happens if my DUI is reduced to reckless driving?

What happens if? It gets reduced. That isn't going to happen unless the blood alcohol test shows less than .08, if at all. passed the field test perfectly Sure she did, that's why she got arrested, for passing it. You will be surprised to find how detailed the police report is concerning your observed inebriated and impaired condition and driving. The judge doesn't work out anything. You don't even get to talk to the judge about your explanations unless and until you first plead guilty. Plea bargains are worked out by the DA and the defense attorney. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Depending on many factors, it may be possible to have a DUI reduced to a reckless driving charge. It is standard procedure to blow into the breathalyzer twice in order to get 2 validating readings. I strongly suggest that your girlfriend contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding her arrest. He/she would then be in a better position to analyze het case and advise her of her options.

The bac is low so it is possible that she will ge a wet reckless, with alcohol. That is a prior for her record and insurance companies. She should have a lawyer.

Getting a case reduced is absolutely not a do-it-yourself project. At a 0.08%, the DA will charge both the 23152(a) and 23152(b) DUI charges. The entire case will need to be reviewed by her attorney - from a legal standpoint, a factual standpoint and then from an equitable standpoint to see what can be done to beat or reduce the charges. You mention working out a plea agreement with the judge - the judge cannot change the charges. Any plea deal with the judge would be to a DUI. I assume she has time between now and her court date to find an attorney, so start the process sooner rather than later so you can select the one you're most comfortable with. A word of caution - she only has 10 days from the date of her arrest to schedule a hearing with the DMV or she will lose her license automatically for 4 months. (I assume the police took her license and issued a pink 8 1/2 x 11 temporary license at the time of her arrest.)

Yes, she needs an attorney. It sounds like she has a very defensible case, however, DUI charges are not something to handle on your own. Also, you should be aware that time is of the essence. She only has 10 days to request an administrative hearing with the DMV on the issue of whether a license suspension is justified or not. An attorney can handle that hearing as well.

If she has limited funds she can get the public defender and with a .08 she should be able to get a wet reckless.

She needs to hire a DUI specialist. 0.08 is good, but if she represents herself she most likely won't get a DRY reckless or even a simple speeding. And don't forget about the DMV. She has only 10 days to save her license.

A recorded level of .08% BAC or above provides simply a presumption the individual tested is impaired. Not only is a plea to a wet reckless a common resolution for a DUI charge based on a BAC right at the limit, it would not be impossible to overcome such a presumption towards an acquittal. Consult with an attorney.