DUI Reduced to Reckless (2019)

Defense Counsel:

Charges: DUI

State’s Case:

Client stopped for broken headlight. Officers detected strong odor of alcohol and conducted Field Sobriety Tests. After client failed all the Field Sobriety Tests and refused a breath test, he was arrested for DUI. Client had two prior DUI convictions. This was his third DUI arrest, and his second DUI arrest in 10 years. He was facing mandatory jail time and license suspension.


Before Arraignment, Hodges obtained all the discovery in the case, visited and photographed the scene, and had the client attend AA, complete DUI evaluation, treatment, and classes, and complete community service.

Hodges learned from his investigation that the Field Sobriety Tests were not reliable, because the officers did not perform them properly. Hodges also learned that officers did not properly provide the Implied Consent Notice, which led to the client's confusion about whether or not he should submit to a breath test.

After Hodges showed the prosecutor all the evidence and mitigation in the case, the prosecutor agreed to reduce the charges to Reckless Driving. The client did not have to go to jail, and did not lose his license.