Question: What are my chances of getting a DUI dropped if I enter into a plea of Reckless Driving? I’m on Felony Probation. I have to fight it. I was charged with DUI Drugs in the city of Atlanta by Atlanta PD. I was charged with a DUI at 4 p.m. on a Friday. I hit a pole no farther than a foot from one of the Atlanta streets and the officer suspected I was under the influence of drugs. The officer did 2 field sobriety tests on me and then proceeded to take me to the hospital to do a chemical test. I hit my head during the accident but turned down the ambulance ride thinking I was okay at first. When I arrived at Grady Hospital I had an intense head ache and asked for medical attention. But before they would help me they asked me to take a chemical test. I replied “not right now my head hurts”. Immediately after I said “not right now” the officer said that is a denial and that he’s charging me with DUI Drugs. What is my next step here?
Answer: You have several issues that need to be addressed. First, you will need to file a request for a hearing to protect your driver’s license from an Administrative License Suspension. You can do this yourself, but having an experienced DUI Defense Attorney representing you and filing the paperwork is a better idea. Second, the DUI charge and even a reduced charge of Reckless Driving is still grounds for a revocation of your probation. Because you are on felony probation you are in a bad position. Being represented by an experienced DUI/Criminal Defense Attorney would be a wise investment in your situation. In effect you are facing going to jail, not only on the DUI charge, but also the very real possibility of having your probation revoked! Third, there is little chance that a prosecutor will just offer you a Reckless without you being represented by an experienced attorney that can show the prosecutor the problems with the city’s case. All of this leads up to your question, “What is my next step?” You need to consult with and retain an experienced DUI/Criminal Defense Attorney – ASAP! Meet with as many as you like and then pick the attorney that you feel will do the best job for you and that you feel comfortable with. Price should not be the determining factor. Like I always say, “Good is seldom cheap and cheap is seldom good!” I hope this information is helpful to you. Good Luck!!