If you are arrested for DUI, but the prosecutor doesn’t have a strong case against you, you may be offered a “wet reckless” charge instead of the more serious DUI charge. But should you take it and plead guilty, or fight the DUI charge in court?
If you plead guilty to a wet reckless charge, the immediate consequences might not be as serious as a DUI conviction, but it can still have a major, negative impact on your life. It’s a decision you’ll want to make with the help of someone who really knows California DUI law—Dan Chambers of the Chambers Law Firm.
Wet reckless plea
In California, a “wet reckless” plea is a less serious offense than a DUI (Driving Under the Influence) offense, and the penalties are lighter. Maybe it sounds like you were just a reckless driver, except that it was “wet” because alcohol (or drugs) were involved. But it won’t fool your insurance company—a reckless driving charge is still considered very serious. A wet reckless will add two points to your driving record and your insurance premium will likely increase just as it would with a DUI conviction.
And if you are arrested for a DUI in the future, the wet reckless plea will be considered the same as a DUI, so you would receive a harsher sentence for having prior convictions.
A “dry reckless” is a misdemeanor charge, but the fine is smaller, and it implies that no alcohol or drugs were involved. You’ll still receive two points on your driving record, but it won’t be considered a prior DUI offense if you are arrested for a DUI in the future.
Benefits of taking a wet reckless plea
With a DUI, your driver’s license will be automatically suspended for six months, and you could be sentenced to time in jail. With a wet reckless plea, there is no mandatory license suspension or jail time. The maximum penalty is $1000, instead of up to $3000 in fines for a DUI. The required DUI education class is shorter. The probationary period is only up to two years, instead of from three to five years.
Who is eligible for a wet reckless plea?
The prosecuting attorney will look at the facts of your particular DUI arrest and determine if they have a good case against you. If the case isn’t very strong, they could drop the charges or reduce them to a lower charge, such as a wet or dry reckless.
The prosecutor may consider offering you a wet reckless plea if your blood alcohol level was fairly close to the .08% limit, you didn’t cause an accident, and you don’t have a prior record of drunk driving. Or there might be some other problem with your case, such as a question of whether the blood test was accurate.
If you are offered a wet reckless plea, it may indicate that the prosecutor knows that there are weaknesses in their case against you, and would rather not risk losing in court. Contact us today for a free consultation to discuss the pros and cons of your personal case with experienced California DUI attorney Dan Chambers. Call 714-760-4088, email dchambers@clfca.com, or send a message via the Chat box at the bottom of this page.
