What Is a “Wet Reckless” Plea Bargain?

If you’ve been charged with a DUI in California, you might have heard about the advantages of a wet reckless plea bargain. By agreeing to a wet reckless plea bargain, you will plead to the offense of reckless driving. ‘Wet reckless” is a nickname for this type of charge and is not a separate category of crime in California’s laws. Your record will contain a note that the offense involved alcohol or drugs, which is what makes the reckless driving conviction “wet”.

How Do I Get a Wet Reckless Plea Bargain?

A plea bargain is an agreement between a criminal defendant and the government prosecutor. By agreeing to a plea bargain, the prosecutor avoids going to trial to convict and punish you for your alleged crime. In return, you will usually be convicted of a lesser offense, typically one with lower penalties. A plea bargain avoids the risks you face after a trial for a harsher crime.

The court, through a judge, will also need to agree to a plea bargain. Usually, this is a formality after your defense attorney and the prosecutor have decided on the terms. If you want to receive the most favorable plea bargain possible, you need to retain an experienced criminal defense attorney to negotiate on your behalf.

Upsides of a Wet Reckless Plea Bargain

Through a plea bargain, the crime you will be punished for changes from DUI to reckless driving. While reckless driving does not carry the same penalties as a first-time DUI in California, you will still face punishment, including:

• A jail sentence between 5 and 90 days;
• A fine between $145 and $1,000;
• Mandatory DUI school; and,
• Summary probation of one or two years.

All of the punishments listed above for a wet reckless conviction are lower than they would be for a typical first-time DUI. Even the DUI school you will be required to attend (and pay for) is shorter.

In addition to the advantages of lowering your fines and possible jail time, a wet reckless conviction will also avoid:

• A mandatory suspension of your driver’s license;
• The required installation of an ignition interlock device on your car; and,
• A criminal record for DUI.

Wet Reckless Plea Bargain Counts as a Prior Offense

A downside to agreeing to a wet reckless plea bargain is that California counts a conviction as a “priorable” arrest if you are charged with another DUI offense. Because California penalties increase quickly for subsequent DUI convictions, you need to be extra cautious during the ten-year lookback period following a wet reckless plea bargain.

Even though a wet reckless charge does not carry a required driver’s license suspension, you still may face penalties from the DMV. After a DUI arrest, you have ten days to schedule an administrative per se hearing with the DUI. You will need to win this hearing separately from any plea bargain to maintain your license privileges.

After a wet reckless plea bargain, further consequences include the addition of two points on your driving record and increased car insurance premiums. To make sure a wet reckless plea bargain fits your circumstances, consult an experienced legal defense team.

Considering a wet reckless plea bargain after a DUI arrest in Newport Beach, California? Let Chambers Law Firm explain the costs and benefits by scheduling a no-obligation consultation at 714-760-4088 or info@orangecountyduifirm.com.