A dry reckless charge may be a good option for anyone charged with a DUI in California.
Being charged with a DUI is a scary prospect and it can be incredibly overwhelming. But with a smart, aggressive San Bernardino DUI lawyer, you may be able to have that DUI charge reduced or even dismissed.
One possibility for a reduced charge is a “dry reckless” plea deal. A dry reckless plea has several advantages over pleading guilty to a DUI or even a “wet reckless.” Learn more about why a dry reckless conviction may be the preferred outcome for California drivers charged with a DUI.
What Is A Dry Reckless Charge?
Dry reckless is the term used to describe a particular section of the California Vehicle Code for reckless driving. Reckless driving is defined as driving with a willful or wanton disregard for the safety of other people or property under Vehicle Code 23103. When a person pleads guilty to dry reckless, they are pleading guilty to reckless driving — without an indication on their criminal record that alcohol or drugs were involved in the charge
Advantages of A Dry Reckless Charge
A dry reckless charge is often the best deal that a skilled San Bernardino DUI lawyer can achieve on behalf of a client. That is because the penalties for a dry reckless conviction are far less severe than those for a DUI or even a wet reckless charge — and the dry reckless charge won’t necessarily be used against you if you are charged with future reckless driving or DUI offenses.
First, dry reckless charges carry less severe consequences when it comes to court-ordered sanctions. Dry reckless charges have much shorter potential jail times — up to 90 days — than a DUIs(minimum of 6 months). There is also a reduced probation period of one to two years, in contrast to a DUI probation period of three to five years. Fines, penalties and court assessments for dry reckless convictions are also far less than for DUIs. While both charges carry a maximum $1,000 penalty, DUI convictions result in additional assessments that often result in several thousand dollars worth of fines. Dry reckless convictions have a minimum penalty of $145, while the minimum penalty for a DUI is $390. There is no mandatory court-ordered license suspension with a dry reckless conviction, although the DMV could still suspend your license at an administrative hearing. Finally, if you plead guilty to dry reckless, you will either be ordered to attend 6 week educational program or no classes at all. In contrast, a DUI conviction can result in three to eighteen months of DUI school.
Dry reckless charges have fewer collateral consequences outside of court. When you plead guilty or are convicted of a DUI or a wet reckless charge, the conviction counts as a prior offense. This means that if you are arrested again for a DUI, it will be a second (or greater) offense, with much more serious potential penalties. If you are arrested again with a dry reckless conviction, it will only be counted as a first-time offense. In addition, a dry reckless conviction is a misdemeanor offense that will not have the same impact on your car insurance as a wet reckless or DUI conviction would. It would also likely enable you to still apply for and obtain a commercial driver’s license or a professional license.
The ability to obtain a dry reckless plea deal depends on the skill and knowledge of your San Bernardino DUI lawyer and the specific facts of your case. If you were well over the legal limit of .08 percent or engaged in extremely dangerous behavior while driving under the influence, the prosecutor will not likely offer you a dry reckless plea bargain. An experienced DUI defense attorney may be able to negotiate a dry reckless deal if this is your first DUI offense and there are potential factual or legal defenses to your charge.
If you have been arrested for a DUI in California, you will need an aggressive DUI defense lawyer who can work to have your charges reduced or dismissed. Attorney Dan E. Chambers is such an attorney. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can protect your legal rights.
