Yes. A DUI charge can sometimes be resolved as reckless driving in South Carolina, but the result is not automatic. No attorney can promise that a prosecutor will agree to a different charge.
South Carolina treats DUI and reckless driving as separate offenses. Whether a DUI case can be resolved as reckless driving may depend on the strength of the evidence, legal issues with the traffic stop or testing process, available video, your prior record, the facts surrounding the arrest, and the prosecutor's position.
McCutchen Vaught Geddie & Hucks, P.A. represents people facing DUI charges in Myrtle Beach and nearby areas across South Carolina. A DUI defense attorney can review the evidence, explain the risks of each option, and help you decide how to respond to the charge.
Key point: A DUI does not automatically become reckless driving because of a low breath test result. A change in the charge depends on the evidence, the law, the circumstances of the case, and the prosecutor's agreement.
A reckless driving resolution can have different consequences from a DUI conviction, but reckless driving is still a criminal traffic offense. It can affect your driving record, insurance, employment, and other parts of your life. The right starting point is a review of the facts in your case.
What Does It Mean to Reduce a DUI to Reckless Driving?
When someone says that a DUI was reduced to reckless driving, the phrase usually refers to a negotiated case result in which the DUI charge is no longer prosecuted and the case is resolved through a separate reckless driving charge.
South Carolina Code Section 56-5-2930 makes it unlawful to drive while under the influence of alcohol, drugs, or a combination of substances to the extent that your ability to drive is materially and appreciably impaired. Reckless driving is addressed in Section 56-5-2920 and involves driving with willful or wanton disregard for the safety of people or property.
You can review the current South Carolina statutes here:
https://www.scstatehouse.gov/code/t56c005.php
The two offenses have different legal elements. South Carolina court guidance also identifies DUI changed to reckless driving as a change that requires the original uniform traffic ticket to be addressed and a new ticket to be issued for the reckless driving charge. Reckless driving is not treated as a lesser-included offense of DUI.
South Carolina Court Administration guidance is available here:
https://www.sccourts.org/summaryCourtBenchBook/MemosHTML/2016-11.htm
You may hear the phrase "wet reckless" used to describe a reckless driving resolution that began as a DUI case. South Carolina does not create a separate statutory offense called wet reckless. If the case is resolved as reckless driving, the conviction is for reckless driving.
Why Would a Prosecutor Agree to Reckless Driving?
A prosecutor may consider a different charge when issues with the evidence create uncertainty about whether the State can prove DUI beyond a reasonable doubt. Each case is different, and a disputed DUI charge does not automatically lead to a reckless driving offer.
Issues that may affect negotiations include:
- Whether the officer had a lawful basis to stop your vehicle
- What the officer observed before and after the stop
- Whether field sobriety tests were explained and administered properly
- Whether dash camera or body camera footage supports the written report
- Whether breath or blood testing procedures were followed
- Whether required video evidence exists and is complete
- Whether statements attributed to you are legally admissible
- Whether an accident, injury, passenger, or other case-specific circumstance affects the prosecution
- Whether you have prior DUI, DUAC, reckless driving, or related convictions
- Whether evidence may be suppressed or excluded
A defense attorney may compare the police report with video, testing records, witness information, and other evidence. If key evidence is weakened or excluded, the prosecutor may reassess the case. Possible outcomes can include a negotiated charge, dismissal, or trial depending on the facts and law.
For more information about DUI charges in South Carolina, visit:
Does a Low Breath Test Result Mean the DUI Will Be Reduced?
No. South Carolina law does not establish a breath alcohol result that automatically changes a DUI charge to reckless driving.
A breath test is one part of the evidence. The State may also rely on driving behavior, physical observations, field sobriety testing, statements, video, witness testimony, and other evidence. A lower breath result does not guarantee a reduced charge, and a higher result does not eliminate every possible defense issue.
Testing procedures can matter. A DUI defense attorney may review:
- Whether the breath test was administered under required procedures
- Whether the testing device records and maintenance information raise an issue
- Whether the required 20-minute pre-test waiting period was followed
- Whether the breath-test-site video covers the required parts of the process
- Whether the incident video matches the officer's written account
- Whether blood testing procedures were followed when blood evidence is involved
South Carolina Code Section 56-5-2953 addresses video recording at the incident site and breath test site. Among other requirements, the breath-test-site recording generally must include the person's conduct during the required 20-minute pre-test waiting period, subject to the statutory exception.
You can review Section 56-5-2953 here:
https://www.scstatehouse.gov/code/t56c005.php
South Carolina also has a separate offense known as DUAC, or driving with an unlawful alcohol concentration, under Section 56-5-2933. The charge shown on your citation and the evidence supporting that charge should be reviewed before you make a plea decision.
If this is your first DUI arrest, read:
https://lawyersatthebeach.com/blog/first-time-dui-charges-in-south-carolina-what-are-your-options/
What Are the Consequences of Reckless Driving in South Carolina?
A reckless driving conviction is not a harmless result. Under South Carolina Code Section 56-5-2920, reckless driving can result in a fine of $25 to $200 or imprisonment for up to 30 days.
South Carolina's driver point system assigns six points to reckless driving. A second or subsequent reckless driving offense within the five-year period described by Section 56-5-2920 can also result in a three-month driver's license suspension.
The current South Carolina point schedule is available here:
https://www.scstatehouse.gov/code/t56c001.php
A DUI conviction carries a different set of criminal and driver's license consequences. Depending on the facts and your record, a DUI case can involve fines, imprisonment, license consequences, alcohol or drug education requirements, and ignition interlock requirements.
A reckless driving conviction can also affect matters outside the courtroom. Possible effects may include:
- Increased automobile insurance costs
- Employment consequences when driving is part of your job
- Commercial driver's license concerns
- Professional licensing or reporting issues
- Military or school-related consequences
- Effects from accumulated driver's license points
The question is not only whether reckless driving sounds better than DUI. You should understand how each possible result could affect your license, criminal record, insurance, work, and future before making a decision.
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Can a DUI Reduction Fix a License Suspension?
Not necessarily.
A South Carolina DUI criminal case and certain administrative driver's license consequences can follow separate legal tracks. Under Section 56-5-2951, refusing a test covered by the statute or having an alcohol concentration of 0.15 percent or more can trigger administrative license consequences.
A later change in the criminal charge does not automatically erase every administrative consequence connected with the arrest.
Section 56-5-2951 also provides procedures for requesting a contested-case hearing. The notice of suspension should explain the applicable rights and deadlines. Under the current statute, a person generally has 30 days from issuance of the notice of suspension to request the contested-case hearing.
You can review the current statute here:
https://www.scstatehouse.gov/code/t56c005.php
This is one reason to review both the criminal case and the license paperwork early. A defense attorney can help identify which issues are part of the court case and which require separate action.
What Should a DUI Lawyer Review Before Discussing a Reduction?
A meaningful plea discussion should follow a review of the evidence. Reckless driving should not automatically be treated as the goal before the defense determines whether the DUI charge can be challenged more directly.
A DUI lawyer may review:
- The reason for the traffic stop
- The police report
- Field sobriety test instructions and performance
- Dash camera footage
- Body camera footage
- Breath test records
- Breath testing video
- Blood testing records when applicable
- Witness statements
- Dispatch or incident records
- Prior convictions and driving history
- Court records
- Statements allegedly made during the investigation
- Any evidence that may support a suppression motion or other legal challenge
The lawyer may also compare the officer's report with the available video. Differences between the written report and recorded evidence can affect how the case is evaluated.
If you were arrested in Myrtle Beach, practical concerns may also matter. Court dates, work schedules, transportation, travel, and license restrictions can affect how you evaluate your options, but those concerns should not replace a legal review of the evidence.
For practical steps to take after an arrest, visit:
Should You Accept Reckless Driving If It Is Offered?
The answer depends on the evidence, the proposed sentence, the risks of trial, your driving record, any separate license case, and your personal circumstances.
A reckless driving offer may be favorable in one case and less favorable in another. If your case involves a strong suppression issue, conflicting video evidence, a testing problem, or another significant defense issue, those facts may affect the decision. Prior convictions can also change the consequences and the risk analysis.
Before accepting a plea, you should understand:
- The exact charge that will appear on your record
- The proposed sentence and fine
- The number of driver's license points
- Whether the plea itself creates a license suspension
- Whether a separate administrative suspension remains in effect
- Whether the result may affect employment, insurance, licensing, or other obligations
- Which trial and appeal rights you give up by entering the plea
You can also review the firm's Myrtle Beach DUI defense page here:
https://lawyersatthebeach.com/myrtle-beach-dui-attorneys/
Speak With a Myrtle Beach DUI Defense Attorney
If you were arrested for DUI in Myrtle Beach, South Carolina, you do not have to guess whether a reckless driving resolution is realistic. McCutchen Vaught Geddie & Hucks, P.A. can review the traffic stop, testing records, video, prior record, and other evidence before discussing possible resolutions.
The firm offers free consultations for criminal defense matters and represents clients in Myrtle Beach and nearby South Carolina communities.
Call (843) 277-1667 to discuss your situation.
You can also contact the firm here:
https://lawyersatthebeach.com/contact-us/
This article is for general informational purposes only and is not legal advice. Every case is different. You should consult an attorney about your specific facts, deadlines, and legal options.
