Can I get my 4th degree DWI changed to a wreckles driving on my record?

UPDATED: Feb 12, 2012

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Can I get my 4th degree DWI changed to a wreckles driving on my record?

Approximately 2 months ago I went through a red light and then a stop sign. When they pulled me over, I blew a .11 on the breathalizer. How likely is it I can get it talked down to a wreckless driving on my record?

Asked on February 12, 2012 under Criminal Law, Minnesota


Russ Pietryga / Pietryga Law Office

Answered 11 years ago | Contributor

A prosecutor has the discretion to reduce a charge to whatever he wants.  That said, it has been my experience, that with a bac of .11 he should allow you to plea to a reduced charge.  Most states call this an alcohol related reckless, not a reckless driving.  The elements are different.

However, an alcohol related reckless is usually quite similar to a DUI.  Meaning, that it can still be used to enhance a subsequent DUI charge if it occures within the next ten years.

Hope this helps.

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