If you are a first-time DUI offender, a “wet reckless” charge may be a beneficial way to resolve your case.
If you’ve been charged with a DUI or know somebody who has, you may have heard of the term “wet reckless.” While it is possible that you can end up with a “wet reckless” charge on your record, it is not a separate offense under California law. So what exactly is a “wet reckless” charge, and how is it different from a DUI?
Wet Reckless, Explained
If you’ve been arrested for a DUI and you have a good defense to the charge, the prosecutor may agree to a deal where you plead guilty to “wet reckless” under California Vehicle Code 23103 and 23103.5. This is not a separate offense that you can be arrested for, but it is an option for a plea bargain.
In essence, a “wet reckless” charge is reckless driving involving alcohol. The technical charge will be for reckless driving, or dry reckless, but the record of conviction will note that alcohol or drugs were involved in the charge.
Advantages and Disadvantages of Pleading to a Wet Reckless
If you have been offered a plea bargain in a DUI case involving pleading to a “wet reckless,” there are many reasons why it may be to your benefit to accept the deal. The potential consequences for a wet reckless charge are usually less severe than a DUI charge — but it is still a conviction of record.
The biggest advantage of a wet reckless deal is that the DMV may not suspend your license (which will occur if you are plead guilty to or are convicted of a DUI). The potential jail sentence and fines will be lower for a wet reckless charge, and probation time will likely be shorter.
However, for purposes of any future offenses, a wet reckless conviction will be treated like a DUI. This means that if you are charged with a DUI within ten years of a wet reckless conviction, then you will be treated like a repeat offender. Your insurance company may also treat a wet reckless conviction in the same way as a DUI — meaning that your premiums may go up or your policy may be cancelled.
Deciding whether or not to accept a wet reckless plea bargain should be done in consultation with a skilled San Bernardino DUI lawyer. Whether or not it is beneficial to you can only be determined by looking at the particular facts of your case.
When Are Wet Reckless Pleas Offered
While there is no hard and fast rule as to when a prosector will offer a reduction of charges in a DUI case, they are more inclined to offer a wet reckless plea bargain in the following situations:
- You are a first-time offender;
- Your Blood Alcohol Content (BAC) was at the legal limit of .08% or slightly above it;
- You have strong potential defenses to the charge.
Having an experienced San Bernardino DUI lawyer to help you negotiate with the prosecutor is often the key to having the option of pleading to a wet reckless. It is unlikely that you will be offered a wet reckless deal if you are a repeat offender or had a high BAC — unless your attorney can show the prosecutor that the case has some sort of defect that could lead to the charges being dismissed or reduced by the court.
If you have been charged with a DUI, having an experienced San Bernardino DUI lawyer on your side is critical to protecting your legal rights. This may include having the charges dismissed or being given the opportunity to plead to a lesser crime, such as wet reckless. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a consultation about your DUI charge, and learn how attorney Dan E. Chambers can help you achieve the best possible resolution to your case.
