Why a Wet Reckless Charge Is Preferable to a California DUI Conviction

A wet reckless conviction has many advantages over a DUI conviction

Why a Wet Reckless Charge Is Preferable to a California DUI ConvictionIn certain cases, the police charge a person with driving under the influence (DUI) of alcohol or drugs unfairly. In others, the charge may be just, but for any number of reasons, your Riverside DUI defense lawyer may be able to achieve a favorable plea deal with the prosecutor in order to reduce the charge to something other than a DUI. One of the most common reductions that many people receive is for what is known as “wet reckless,” which is essentially reckless driving involving alcohol or drugs. Wet reckless charges can only be offered as a reduction from a DUI charge, and cannot be the original charge filed by a prosecutor.

A wet reckless reduction is often offered when there are some relatively minor issues with the prosecution’s case against you. For example, there might not be significant evidence that you were truly impaired or under the influence. Your blood alcohol content (BAC) might have been just at the legal limit of .08 percent, or very close to it. Or perhaps the police failed to take a chemical test of your blood or breath. The prosecution may offer a wet reckless charge as a way to secure a conviction in such a situation. Your Riverside DUI defense lawyer can talk to you about whether it makes sense to accept a plea deal given the facts of your specific case. Other potential reductions may include a “dry reckless” or “exhibition of speed.” Again, these charges will depend on the facts of your case and should be discussed with your attorney.

There are several potential benefits to being convicted of a wet reckless charge instead of a DUI. Unlike a DUI charge, you will not be subject to a six month driver’s license suspension through the Department of Motor Vehicles (DMV). However, you may still have your license suspended if you fail to request a hearing with the DMV within 10 days of your arrest. In addition, there are no mandatory sentencing enhancements with wet reckless charges; if you have a prior DUI conviction, there is no mandatory minimum jail sentence for a subsequent wet reckless conviction. However, for purposes of future DUI charges, wet reckless convictions can be used to increase the sentencing enhancement and will be considered as a prior DUI. Finally, wet reckless convictions typically result in shorter probationary periods, lower fines and fees, and shorter mandatory DUI class programs. This depends in part on what is offered by the prosecutor, but it is often the case that the penalties for a wet reckless are lower than for a DUI.

Overall, wet reckless charges are considered more advantageous than DUI convictions for most people. If you have been charged with a DUI, you will need an experienced Riverside DUI defense lawyer to help you. At the Chambers Law Firm, we will vigorously defend you against all DUI and related charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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