DUI Lawyer | Joel Brand, Esq.

“Wet-Reckless” Plea to a DUI

In California, being charged with a DUI (Driving Under the Influence) can have significant legal and personal consequences. However, there are circumstances under which the prosecution may offer a plea bargain known as a “wet-reckless” in place of the DUI charge. Understanding what a “wet-reckless” plea entails, its benefits, and its implications is crucial for anyone facing DUI charges. This article explores the nuances of the “wet-reckless” plea, including how it differs from a standard DUI charge, the legal consequences, and the potential benefits and drawbacks.

Definition and Legal Context

A “wet-reckless” plea is a specific type of plea bargain where a defendant pleads guilty or no contest to a charge of reckless driving involving alcohol (California Vehicle Code § 23103.5) instead of the original DUI charge. The term “wet” indicates that alcohol or drugs were involved in the incident, differentiating it from a “dry-reckless” charge, which does not involve substances.

Differences Between Wet-Reckless and DUI Charges

  1. Penalties and Consequences:
    • DUI: A first-time DUI conviction can result in penalties including fines, license suspension, mandatory DUI education programs, and possible jail time (California Vehicle Code § 23536).
    • Wet-Reckless: The penalties for a wet-reckless conviction are generally less severe. They may include lower fines, a shorter probation period, and no mandatory license suspension.
  2. Impact on Driving Record:
    • DUI: A DUI conviction stays on your driving record for 10 years and can significantly impact your insurance rates and future legal issues.
    • Wet-Reckless: A wet-reckless conviction also goes on your driving record, but it is typically viewed less harshly than a DUI.
  3. Future DUI Charges:
    • A wet-reckless conviction can be considered a prior DUI offense if you are charged with another DUI within 10 years, leading to harsher penalties for subsequent offenses.

Legal Consequences of a Wet-Reckless Plea

  1. Fines and Fees:
    • Typically, fines for a wet-reckless conviction are lower than those for a DUI, but they can still be substantial. The exact amount varies by case and jurisdiction.
  2. Probation:
    • Probation periods for wet-reckless convictions are usually shorter and less stringent than those for DUI convictions.
  3. DUI Education Programs:
    • Offenders may still be required to complete DUI education programs, but the duration is often shorter than that required for a DUI.
  4. Jail Time:
    • Jail time is less common for wet-reckless convictions, especially for first-time offenders.

Benefits of a Wet-Reckless Plea

  1. Reduced Penalties:
    • One of the most significant advantages is the reduction in penalties compared to a DUI conviction. This includes lower fines, shorter probation periods, and fewer requirements for DUI education programs.
  2. No Mandatory License Suspension:
    • Unlike a DUI, a wet-reckless conviction does not automatically result in a mandatory license suspension. However, the DMV may still take independent action.
  3. Less Severe Impact on Insurance:
    • Insurance companies may view a wet-reckless conviction less harshly than a DUI, potentially resulting in lower insurance premium increases.
  4. Employment Opportunities:
    • Some employers view a wet-reckless conviction more favorably than a DUI, which can be beneficial for job prospects.

Drawbacks of a Wet-Reckless Plea

  1. Still a Criminal Conviction:
    • A wet-reckless plea still results in a criminal conviction, which can have long-term consequences for employment, housing, and more.
  2. Counts as a Prior DUI:
    • If you are arrested for DUI again within 10 years, the wet-reckless conviction will be treated as a prior DUI, leading to increased penalties.
  3. Limited Availability:
    • Prosecutors are not obligated to offer a wet-reckless plea. Its availability often depends on the specifics of the case, including the defendant’s BAC level, prior record, and the circumstances of the arrest.

How to Pursue a Wet-Reckless Plea

  1. Hire an Skilled DUI Attorney:
    • Negotiating a wet-reckless plea requires the skill of a knowledgeable DUI attorney who can effectively argue for the reduction of charges based on the strengths and weaknesses of the case.
  2. Prepare a Strong Defense:
    • Your attorney will review the evidence, including the police report, breathalyzer results, and any field sobriety tests, to identify potential weaknesses in the prosecution’s case.
  3. Negotiate with the Prosecutor:
    • Your attorney will negotiate with the prosecutor to secure a wet-reckless plea. This often involves presenting mitigating factors such as a clean driving record, low BAC, and lack of prior offenses.

Conclusion

A “wet-reckless” plea can be a beneficial alternative to a DUI conviction, offering reduced penalties and a less severe impact on your driving record and personal life. However, it is still a criminal conviction and carries its own set of consequences. If you are facing a DUI charge, it is essential to consult with an experienced DUI attorney who can guide you through the process, negotiate effectively on your behalf, and help you achieve the best possible outcome.

Citations

  1. California Vehicle Code § 23103.5: California Legislative Information.
  2. California Vehicle Code § 23536: California Legislative Information.