Good Driver Discount After a DUI or Wet Reckless

A DUI conviction, which means your case ends with a guilty or no contest result to a DUI, keeps you out of the California Good Driver Discount for ten years. A no contest result means you do not admit guilt, but you let the court treat the case like a guilty plea. A wet reckless, which is reckless driving with an alcohol or drug note in the court record, takes the discount away too, but because it is two points, the Good Driver window is three years from the conviction date. The discount is not the whole premium, so a wet reckless can still hurt your insurance in other ways.

What the Good Driver Discount is

The Good Driver Discount is a California auto insurance rule that gives qualified drivers a policy rate that is lower by law. Proposition 103, passed by California voters in 1988, created it, and the California Department of Insurance describes that vote as having "mandated a 20 percent good driver discount" for drivers with a safe record.

Insurance Code section 1861.02 says auto insurance rates must put driving safety record first, then miles driven each year, then years of driving experience, then other approved rating factors. The same rate law says every person who meets the Good Driver rules is qualified to buy a Good Driver Discount policy from the insurer of that person's choice. It also says the insurer "shall not refuse" to offer and sell that policy to a person who qualifies. The rate law sets the Good Driver rate at "at least 20 percent" below the rate the insured otherwise would have been charged for the same coverage, and I mean that as the law's floor, not a promise about any one premium.

California Code of Regulations, title 10, section 2632.12, a state insurance rule that tells insurers how to apply the discount, says the rate must be "at least 20 percent less than the lowest rate available to a comparable driver who is not a good driver." The discount is applied after the insurer has figured the whole premium.

The three tests you have to pass

You qualify for the Good Driver Discount only if you pass all three Good Driver tests at the same time. Insurance Code section 1861.025 is the eligibility law, and it sets out the three tests. If one test fails, the discount does not apply for that policy period.

• You must have been licensed for the last three years. California Code of Regulations, title 10, section 2632.13.1, the eligibility regulation, says this can be a license "in any jurisdiction." That means California is not the only place that can count.
• You must pass the three year point and accident test. Vehicle Code section 12810 is the point statute, and it gives point values to traffic convictions. For the Good Driver Discount, you cannot have more than one point in the three year window. An accident where you were principally at fault, which means mostly at fault, can count too. A property damage only accident adds one point under this test. An accident where you were principally at fault and someone was hurt or killed fails the test.
• You must pass the ten year conviction list. The Good Driver law has a list of convictions that block the discount for ten years. The list includes 23152, the usual DUI statute, 23153, DUI causing injury, 23140, the under 21 DUI, and the felony DUI with priors sections, 23550 and 23566. It also includes two intoxicated manslaughter crimes in the Penal Code.

The ten year list is a named list. Reckless driving is not on that list. The wet reckless section is not on that list either.

The Good Driver law borrows the point values from the point statute, but it runs its own count and uses the insurer's principally at fault accident rules, not the DMV's point label for every accident.

What happens to the discount after a DUI conviction?

A DUI conviction knocks you out of the Good Driver Discount for ten years from the conviction date to the policy date. It does that because it fails two tests at once.

First, a conviction for 23152 or 23153 is two points under the point statute, and since the Good Driver point test allows not more than one point, two points fail the three year point test. Second, and more serious for this discount, a DUI conviction is on the ten year Good Driver list. That ten year bar controls because it lasts longer than the point window.

The ten year window is measured by the date of the application for the policy or the renewal. The question is whether the DUI conviction happened during the ten years before that policy date. The arrest date is not the Good Driver date for this test.

This is why a DUI conviction keeps the discount away long after the three year point period would have passed.

What happens to the discount after a wet reckless?

A wet reckless takes the Good Driver Discount away, but it does not trigger the ten year Good Driver bar. The reason is simple. A wet reckless is reckless driving, and reckless driving is two points under the point statute.

Two points is more than one point, so a wet reckless by itself fails the three year point test.

But the wet reckless statute is not on the Good Driver law's ten year list. Vehicle Code section 23103.5, the wet reckless statute, is the section used when a DUI is reduced to reckless driving and the court record states that alcohol or drugs were involved. That statute does not appear in the Good Driver ten year conviction list.

So the main insurance discount difference is this: a DUI conviction keeps you out of the Good Driver Discount for ten years, while a wet reckless keeps you out because of points for three years from the conviction date. If you want the broader picture beyond the discount, I have a separate side by side comparison of a wet reckless and a DUI.

Wet reckless, dry reckless, and exhibition of speed on this test

For the Good Driver Discount, wet reckless and dry reckless are treated the same because both are reckless driving and both are two points. A dry reckless is reckless driving without the alcohol or drug statement that makes it a wet reckless. I explain that plea on my dry reckless plea page.

The alcohol note matters in other parts of the law, but not in the Good Driver point test. On this discount test, the label "wet" does not create the three year problem. The two points do.

Exhibition of speed under 23109(c) is also two points under the point statute, so if a DUI case is reduced to exhibition of speed, the Good Driver Discount problem is still a three year point problem. I cover those plea paths more fully on my page about reducing a DUI to reckless driving or exhibition of speed.

When does the clock start, and when can I get the discount back?

The Good Driver clock starts on the conviction date, not the arrest date. The eligibility regulation lets an insurer assign points for traffic convictions with conviction dates not more than three years before the policy's effective date or renewal date.

That means the same question comes back at each new policy and each renewal. If your wet reckless conviction is still inside the three year window, it counts. Once that conviction date is more than three years behind the new policy or renewal date, that conviction no longer fails the point test by itself.

You still need a clean enough record in that window, because if something else in the three year window pushes you over one point, you do not meet the point test yet. If nothing else in the window pushes you over the limit, you meet the point test again at your next new policy or renewal.

Once you qualify again, you can ask your insurer to apply the Good Driver Discount. You can also shop for a Good Driver Discount policy because the rate law says a qualified driver may buy it from the insurer of that driver's choice.

If you are trying to find the exact conviction date, pull your record. I explain how to do that on my page about how to get your DMV driving record.

Other points inside the three year window

One more point inside the same three year window can keep the Good Driver Discount away after a wet reckless. A wet reckless is already two points, so any other point in that window keeps you over the Good Driver limit until the window clears.

After the wet reckless drops out of the three year window, a single one point ticket by itself does not disqualify you. The point test is more than one point. One point is not more than one.

The point statute has a one conviction per stop rule. It says "A conviction for only one violation arising from one occasion of arrest or citation shall be counted" for the point count. In plain English, if one stop led to more than one conviction, only one of those convictions counts toward this point total.

Traffic school does not solve the Good Driver problem for a DUI, a wet reckless, or reckless driving. Vehicle Code section 42005 says a court cannot make those convictions confidential through traffic school. Vehicle Code section 1808.7 also says a conviction worth more than one point cannot be made confidential. A confidential conviction is kept off the public record that insurers see. Since these convictions cannot be made confidential through traffic school, you should not plan on traffic school to protect the Good Driver Discount. For general point background, see my page on the DMV point system.

The discount is not the whole premium

The Good Driver Discount is only one part of what an insurer may charge for a policy. The insurer also rates your driving safety record.

California Code of Regulations, title 10, section 2632.5 is the surcharge regulation, and it says: "all convictions for violations of Vehicle Code Sections 23140, 23152, or 23153 must be treated as the highest surchargeable violation; however, other Vehicle Code convictions may receive equal treatment."

A surchargeable violation is a conviction the insurer may use to place the policy in a worse rating category. In plain English, an insurer must put a DUI conviction in its most serious surcharge category. The rule allows an insurer to treat other convictions, such as a wet reckless, the same way, but it does not require every insurer to do that.

That is why both common sayings are wrong. A wet reckless is not "the same as a DUI" for the Good Driver Discount, because the Good Driver windows are different. A wet reckless also is not harmless for insurance, because an insurer may still use it in pricing under its approved rating plan.

Insurers check the DMV record, called the motor vehicle report, when you apply, when a driver is added, and at least every 36 months. An insurer may not rate a renewal on a report older than 36 months. Answer every insurance application question truthfully. If you want more detail on timing, I cover mid term versus renewal rate changes on another page, and I discuss limiting the insurance increase separately.

Three different clocks you should not mix together

There are three separate clocks after a DUI case, and they do not measure the same thing. Mixing them up is one reason people get bad insurance advice.

The Good Driver clocks

The Good Driver point clock is three years from the conviction date to the policy date. The Good Driver DUI conviction bar is ten years from the conviction date to the policy date.

For the discount itself, that is the main split between a wet reckless and a DUI conviction.

The DMV record clock

For a DUI, the DMV disclosure rule says the DMV discloses a conviction for 23140, 23152, or 23153 for ten years from the date of the offense. That DMV disclosure clock uses the offense date, not the conviction date.

For a wet reckless, the statute and the DMV's own website describe the disclosure period differently, so I do not give a number here. The safe point is this: a wet reckless stays on the DMV record well after the three year Good Driver window closes, so insurers can still see it and may use it in pricing.

The DMV also has a negligent operator system, which is a license point system separate from the Good Driver Discount. Vehicle Code section 12810.5 says four points in 12 months, six points in 24 months, or eight points in 36 months can lead to a DMV action.

The prior offense clock

A wet reckless counts like a DUI prior for a future DUI for ten years. That is a court sentencing rule, not the Good Driver Discount rule.

The wet reckless statute says that when a DUI is reduced to reckless driving, the prosecutor must state on the record whether alcohol or drugs were involved. If the statement says they were involved, the conviction "shall be a prior offense" for the DUI sentencing sections. The court must report it to the DMV.

The DMV record statute, Vehicle Code section 1808, lets courts and law enforcement see a wet reckless for ten years from the offense date for that prior offense purpose.

Vehicle Code section 23540 says a DUI within ten years of a separate wet reckless, DUI, or DUI causing injury conviction is punished as a second offense. So for a future DUI, a wet reckless can count like a DUI. For the Good Driver Discount, it is a two point conviction that counts for three years.

The prior offense ten years is measured offense date to offense date. The Good Driver ten year DUI bar is measured back from the policy date to the conviction date. I explain the prior issue more on my page about how a prior affects a new DUI.

The license suspension track

The license rules are separate from the Good Driver Discount. Vehicle Code section 13352 requires the DMV to suspend or revoke the license on a court record of a conviction for 23152 or 23153 and certain other listed sections. Reckless driving is not on that court based suspension list.

That means a wet reckless conviction does not carry the same court based DMV suspension as a DUI conviction. I explain that rule on my page about the court based license suspension after a DUI conviction.

The separate administrative suspension after the arrest runs on its own track either way. I cover that on my page about the administrative suspension after the arrest. If an SR 22 comes up in your case, I explain that filing on my SR 22 page.

Household policies and excluded drivers

A good driver in the same household may be able to keep or buy a Good Driver Discount policy by excluding the driver with the bad record. The rate regulation says that if a good driver cannot get the discount because of another person's driving record on the policy, the good driver may buy a Good Driver Discount policy that excludes that other person from coverage.

An excluded driver is not covered under that policy. So this is a real insurance agent conversation before anyone drives the car. You need to know who gets the discount, and you also need to know who is covered if there is a crash.

This can matter when one person in a home has the DUI or wet reckless conviction and another person still has a clean record. The clean driver should not assume the other person's conviction always blocks the Good Driver Discount for the whole household.

Does expungement bring the discount back early?

I would not plan on an expungement to bring the Good Driver Discount back early. Penal Code section 1203.4 is the expungement law many people use after probation, and it releases a person from penalties and disabilities with stated exceptions.

Vehicle Code section 13555 says a 1203.4 dismissal does not affect any license revocation or suspension. I am also not aware of any provision in the Good Driver law or its regulations that shortens the Good Driver lookback because of an expungement.

Expungement can still help in other parts of life, depending on your facts. I explain that remedy on my Penal Code 1203.4 expungement page. For this discount, plan around the conviction date and the Good Driver windows when you think about a new policy or renewal.

How this fits a plea decision

The Good Driver difference is real, but it should be one part of the plea talk with your lawyer. A plea is a way to resolve the court case without a trial. A wet reckless is not guaranteed in any case. It depends on the evidence, the prosecutor, and how the case is resolved.

If a wet reckless is possible, the Good Driver result is one concrete difference to weigh. Three years for the discount is different from ten years for the discount.

But a wet reckless still counts as a prior for a future DUI for ten years. It may also be treated harshly by an insurer under that insurer's approved rating plan. If you hold a commercial license, I treat that as its own question because the stakes are different, and I discuss it on my page about a wet reckless and a commercial license.

No one should take or reject an offer based only on the Good Driver Discount. The better approach is to line up the court result, the DMV track, the prior offense rule, and the insurance effect before you decide. If you are still trying to understand why a wet reckless might be discussed in your case, I explain what makes a wet reckless offer possible on a separate page.

What to do now, in order

Here is the order I would use if you are trying to figure out your Good Driver Discount after a DUI or wet reckless.

1. Find the exact conviction date. The Good Driver point window and the DUI ten year bar use the conviction date, not the arrest date.
2. Pull your DMV record. Check the conviction, the points, and any other tickets or accidents in the same window.
3. Separate the three clocks. Write down the Good Driver window, the DMV record issue, and the prior offense rule so they do not get mixed together.
4. Ask your insurer clear questions. Ask whether you qualify for the Good Driver Discount at the next new policy or renewal, and answer every application question truthfully.
5. If you have a pending case, talk through the insurance result before any plea. A wet reckless can be better for the Good Driver Discount than a DUI conviction, but it still has point, prior, and rating effects.
6. If you want help with your case, use the free case analysis on this page or call me directly at (888) 271-6644. I answer my own phone, 24/7.