Reducing a DUI to Reckless DRIVING or Exhibition of Speed

Being charged with a DUI (Driving Under the Influence) in California is a serious matter that can lead to severe penalties, including hefty fines, jail time, and the loss of driving privileges. However, there are circumstances where a skilled DUI attorney can negotiate a reduction of the charge to a lesser offense. Common reductions include “wet reckless,” “dry reckless,” or “exhibition of speed” (often referred to as “speedex”). This article explores these alternatives, the legal framework surrounding them, and the benefits and drawbacks of each option.

Understanding DUI Charges

In California, DUI charges are primarily governed by Vehicle Code Section 23152(a) and 23152(b). The former addresses driving under the influence of alcohol or drugs, while the latter pertains to driving with a blood alcohol concentration (BAC) of 0.08% or higher. A conviction under either section can result in significant penalties, including:

• Fines: Up to $1,000, plus additional penalty assessments.
• Jail Time: Between 48 hours to six months for a first offense.
• License Suspension: Six months for a first offense.
• DUI School: Enrollment in an alcohol education program.
• Probation: Typically three to five years.

Given these potential consequences, reducing a DUI charge to a lesser offense can be highly advantageous.

Wet Reckless

Legal Framework

A “wet reckless” is a term used to describe a plea bargain in which a DUI charge is reduced to a reckless driving charge involving alcohol, as specified under Vehicle Code Section 23103.5. This statute allows for a DUI charge to be plea-bargained down to reckless driving with an alcohol-related notation.

Benefits

1. Lesser Penalties: The penalties for a wet reckless are generally less severe than for a DUI. This includes reduced fines, shorter jail time, and potentially less stringent probation terms.
2. Shorter License Suspension: A wet reckless conviction may result in a shorter license suspension compared to a DUI.
3. No Mandatory IID: Unlike DUI convictions, a wet reckless does not automatically require the installation of an ignition interlock device (IID).
4. Employment and Insurance: A wet reckless may have less impact on employment and insurance rates compared to a DUI.

Drawbacks

1. Priorable Offense: A wet reckless counts as a prior DUI offense if you are charged with another DUI within 10 years.
2. Alcohol Education Programs: You may still be required to attend an alcohol education program.

Dry Reckless

Legal Framework

A “dry reckless” refers to a plea bargain where the DUI charge is reduced to reckless driving without any mention of alcohol, under Vehicle Code Section 23103. This is generally a more favorable outcome than a wet reckless.

Benefits

1. Minimal Impact: A dry reckless has fewer long-term consequences than a DUI or a wet reckless. It does not count as a priorable offense for future DUI charges.
2. Reduced Penalties: The penalties are less severe, often resulting in lower fines and no mandatory jail time.
3. No Alcohol Education: Typically, a dry reckless does not require completion of an alcohol education program.
4. Insurance: It is less likely to significantly affect insurance rates compared to DUI or wet reckless.

Drawbacks

1. Negotiation Difficulty: Prosecutors are often less willing to reduce a DUI to a dry reckless compared to a wet reckless, making it a harder plea to negotiate.

Exhibition of Speed (Speedex)

Legal Framework

An exhibition of speed charge, under Vehicle Code Section 23109(c), involves engaging in a speed contest or driving in a manner that shows off the vehicle’s speed. This charge can sometimes be used as an alternative to a DUI.

Benefits

1. No Alcohol Notation: Unlike wet reckless, an exhibition of speed does not indicate alcohol involvement.
2. Lower Penalties: Generally, the penalties are lower, with less severe fines, no mandatory jail time, and shorter probation periods.
3. Employment and Insurance: It typically has a lesser impact on employment opportunities and insurance rates.

Drawbacks

1. Less Common: Prosecutors are often more reluctant to agree to this reduction, making it less common than wet or dry reckless.
2. Priorable Issues: While not a priorable DUI offense, it can still be considered in the context of driving offenses.

Negotiating Charge Reductions

Factors Considered

When negotiating a reduction of a DUI charge, several factors are taken into consideration:

1. BAC Level: Lower BAC levels (close to 0.08%) may increase the likelihood of a charge reduction.
2. Driving Behavior: Lack of aggravating factors such as excessive speeding or reckless driving at the time of arrest.
3. Criminal History: A clean driving record and no prior DUI convictions.
4. Field Sobriety Tests: Performance on field sobriety tests and the reliability of the testing methods used.
5. Procedural Errors: Any procedural errors made by law enforcement during the arrest process.

Legal Representation

Having an experienced DUI attorney is crucial for successfully negotiating a charge reduction. A knowledgeable attorney can:

1. Evaluate Evidence: Assess the strength of the prosecution’s case and identify any weaknesses.
2. Negotiate with Prosecutors: Leverage relationships with prosecutors to negotiate favorable plea bargains.
3. Represent in Court: Advocate on your behalf during court proceedings to achieve the best possible outcome.

Conclusion

Reducing a DUI charge to a wet reckless, dry reckless, or exhibition of speed can significantly mitigate the consequences of a DUI arrest. Each alternative carries its own set of benefits and drawbacks, making it essential to understand the specifics of each option. With the guidance of an experienced DUI attorney, you can navigate the complexities of the legal system and work towards a more favorable outcome.

Citations

1. California Vehicle Code Section 23152
2. California Vehicle Code Section 23103
3. California Vehicle Code Section 23103.5
4. California Vehicle Code Section 23109(c)