Legal Question in DUI Law in Virginia

Reckless Driving instead of DUI

A few days ago, I rear-ended another vehicle parked on the shoulder of a highway at 3:00AM. Luckily no one was injured and ambulance was not called. Police officer asked me if I have been drinking and I admitted that I had a few drinks in that evening, and I was given a breathalyzer test which blew about 0.095%. However, by some miracle, he decided not to charge me with DUI, but instead I was charged with Reckless driving (failure to maintain control of vehicle). I know I've already been given a big break here, but I am wondering what kind of penalty I am realistically facing here. I know I can technically get sentenced to jail and lose my license, but how likely would that be? Additionally should I even consider hiring a lawyer when I've already been given such a big break?


Asked on 4/17/09, 5:06 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reckless Driving instead of DUI

Yes, if at all possible you should retain an attorney to represent you and who can do the talking for you with the prosecutor on the morning of your scheduled hearing, and who may even be able to negotiate the reckless driving charge(criminal misdemeanor) to something less serious such as Improper Driving (merely an infraction).

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Answered on 4/17/09, 9:40 pm


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