Just over 30% of DUI arrests in Clay County between 2021 and 2025 were reduced to reckless driving charges, according to a News4JAX I-TEAM investigation first reported Oct. 29.

The five-year review of court records, conducted by reporters Tarik Minor and Matthew Garcia, also found a similar rate in Duval County, where nearly 30% of DUI arrests ended in reckless driving charges. In Duval, more than 10,000 cases included 368 people arrested for DUI more than once. Of those, 122 had at least one charge reduced.

The pattern matters because Florida law increases penalties for repeat DUI convictions. A first DUI can carry up to six months in jail. A third can result in up to five years in prison, depending on when earlier convictions occurred. A fourth or fifth is a felony that can lead to prison and permanent license revocation. A reckless driving plea, however, does not count as a DUI conviction for sentencing purposes.

One case illustrates the stakes.

Kevin Hoffman had been arrested for DUI in 2025. His attorney negotiated a plea to reckless driving, according to court records cited by News4JAX. Hoffman received 364 days of misdemeanor probation with conditions that included an ignition interlock device, alcohol education and community service.

After Hoffman completed the requirements, a judge ended his probation in June 2026, about six months early. Thirty-seven days later, Florida Highway Patrol troopers say Hoffman was driving 90 mph in a 45-mph zone on State Road 16 when he struck and killed Delinda Heinrich, 64, of St. Augustine, who was riding a scooter. Investigators determined his blood-alcohol concentration was .212, nearly three times the legal limit of .08, according to News4JAX reporting in August.

Hoffman faces charges of DUI causing death, vehicular homicide and leaving the scene of a crash involving death. His prior reckless driving plea does not count as a DUI conviction. The case is moving through the court system, News4JAX reported.

Heinrich's sister, Rhonda Clay, told Action News JAX in August that the family wants Hoffman prosecuted.

John Kalinowski, director of County Court and Traffic Homicide for the Fourth Judicial Circuit State Attorney's Office, told News4JAX that prosecutors weigh a defendant's conduct and history when deciding whether to reduce a charge. He said most people charged with DUI are facing their first arrest.

Kalinowski also said prosecutors assess the strength of evidence, including how clearly video shows impairment. He said jurors may not consider someone impaired if the person does not match their idea of what a drunk driver looks like.

The I-TEAM's data does not explain why prosecutors reduced individual charges. An arrest is not a conviction, and the records alone do not show the evidence behind each decision.

The Fourth Judicial Circuit has a program for some first-time offenders that can result in a reckless driving charge. Disqualifying factors include previous alcohol-related arrests, an invalid license, a felony conviction, or conduct such as dangerous speeding or resisting an officer.

A Florida law known as Trenton's Law took effect Oct. 1, 2025. It makes a first refusal to take a chemical test a criminal offense and increases penalties for repeat fatal DUI offenders, including doubling maximum sentences in some cases.

In the five years covered by the review, more than 5,100 traffic fatalities statewide were tied to impaired driving, according to News4JAX.

Residents who witness impaired driving can call 911.