DUI Lawyer | Joel Brand, Esq.

“Dry-Reckless” Plea to a DUI

In California, a “dry-reckless” plea is a strategic option that may be available to individuals facing DUI charges. This plea can have significant implications for the outcome of a case, offering potential benefits over a standard DUI conviction. Understanding the nature of a dry-reckless plea, its advantages, and the process of negotiating such a plea is crucial for anyone charged with a DUI. This article will provide a detailed examination of what a dry-reckless plea is, how it differs from other pleas, and why it might be a beneficial option.

Definition of “Dry-Reckless” Plea

A “dry-reckless” plea refers to a reduction of a DUI (Driving Under the Influence) charge to a lesser offense of reckless driving that does not involve alcohol. This plea stems from California Vehicle Code Section 23103, which defines reckless driving as operating a vehicle “in willful or wanton disregard for the safety of persons or property” . Unlike a “wet-reckless” plea, which acknowledges that alcohol was involved in the incident, a dry-reckless plea does not admit any use of alcohol or drugs.

The Legal Context

The dry-reckless plea is often the result of negotiations between the defense attorney and the prosecutor. This plea bargain may be offered when there are weaknesses in the prosecution’s case or mitigating circumstances that make a standard DUI conviction less appropriate. For example, issues with the arrest procedure, problems with the accuracy of the breathalyzer or blood tests, or the defendant’s clean driving record may all contribute to the decision to offer a dry-reckless plea.

Advantages of a Dry-Reckless Plea

  1. Lesser Penalties: The penalties for a dry-reckless conviction are generally less severe than those for a DUI conviction. This can include lower fines, shorter probation periods, and no mandatory DUI school. For instance, while a first-time DUI offense in California can result in fines up to $1,000, mandatory DUI education programs, and a potential six-month license suspension , a dry-reckless conviction typically incurs a maximum fine of $1,000 and no mandatory suspension of driving privileges.
  2. No DUI Record: A dry-reckless conviction does not go on your record as a DUI. This can be particularly advantageous for employment prospects, insurance rates, and maintaining a clean criminal record.
  3. No Mandatory Alcohol Education Programs: Unlike a DUI conviction, a dry-reckless plea does not require the defendant to complete a court-mandated alcohol education program, which can be time-consuming and costly.
  4. No Automatic License Suspension: A dry-reckless plea does not carry the automatic license suspension that comes with a DUI conviction. However, it’s important to note that the DMV can still impose its administrative penalties independent of the criminal court’s decision.
  5. Potential for Lesser Impact on Insurance Rates: Insurance companies typically view a dry-reckless conviction more favorably than a DUI conviction, which can result in lower insurance premiums and less severe long-term impacts on your driving record.

Disadvantages of a Dry-Reckless Plea

While there are many advantages to a dry-reckless plea, it is important to also consider the potential downsides:

  1. Still a Misdemeanor: A dry-reckless conviction is still a misdemeanor offense, which can carry implications for future employment and personal opportunities.
  2. Probation: Like any criminal conviction, a dry-reckless plea can result in probation, which can impose certain restrictions and requirements on the defendant.
  3. Possible DMV Consequences: Despite the reduced charge, the DMV may still pursue administrative actions against your driving privileges, including possible license suspension based on the circumstances of the arrest.

The Negotiation Process

Negotiating a dry-reckless plea involves several steps, typically handled by an experienced DUI attorney. Here’s an overview of the process:

  1. Case Review: Your attorney will review all evidence, including police reports, witness statements, and results of any chemical tests. Identifying weaknesses in the prosecution’s case is crucial.
  2. Pretrial Motions: Filing pretrial motions to suppress evidence or dismiss charges can help create leverage in plea negotiations. For instance, if there were issues with how the traffic stop was conducted or if your rights were violated during the arrest, these factors can weaken the prosecution’s case.
  3. Negotiation with Prosecutor: Your attorney will engage in discussions with the prosecutor to negotiate a plea deal. Highlighting any mitigating circumstances, such as your clean driving record, lack of prior offenses, or cooperation during the arrest, can help in these discussions.
  4. Agreement on Plea: If an agreement is reached, your attorney will ensure that all terms are clearly defined, including any fines, probation terms, and other conditions of the plea.
  5. Court Approval: The negotiated plea deal must be presented to and approved by the court. During the court hearing, the judge will review the terms and may ask questions to ensure that the plea is entered voluntarily and with full understanding of the consequences.

Conclusion

A dry-reckless plea can be a favorable alternative to a DUI conviction in California, offering reduced penalties and lesser long-term consequences. However, successfully negotiating such a plea requires a thorough understanding of the legal process, careful review of the evidence, and skilled negotiation by an experienced DUI attorney. By understanding the advantages and potential drawbacks, individuals charged with DUI can make informed decisions about their legal strategy.

Citations

  1. California Vehicle Code Section 23103.
  2. California Vehicle Code Section 23536.