VC 23103.5 – Wet Reckless Driving
1. Introduction to VC 23103.5
Vehicle Code (VC) § 23103.5 is a critical provision in California law that allows for the reduction of a Driving Under the Influence (DUI) charge to what is commonly referred to as a “wet reckless” charge. This statute provides an option for a plea deal that is often sought by defendants and their attorneys in DUI cases. Understanding the nuances of VC 23103.5, the benefits and drawbacks of a wet reckless plea, and the implications for future legal and professional consequences is essential for anyone facing a DUI charge in California.
2. What is a “Wet Reckless” Under VC 23103.5?
A “wet reckless” is a unique plea bargain that allows a defendant originally charged with DUI under VC § 23152 to plead guilty or no contest to a lesser charge of reckless driving under VC § 23103, with the added stipulation that alcohol or drugs were involved in the offense.
VC § 23103.5 specifically permits this reduction if the prosecution and defense agree, and the court accepts the plea. The term “wet” indicates that the reckless driving was alcohol or drug-related, distinguishing it from a “dry reckless,” which involves reckless driving without the involvement of substances.
3. The Legal Process and Plea Bargaining
To secure a wet reckless plea under VC 23103.5, the defense typically negotiates with the prosecution. Several factors influence whether a prosecutor is willing to offer a wet reckless plea:
- First-time Offense: Wet reckless pleas are more likely for first-time offenders without prior DUI convictions.
- Low BAC: Defendants with a Blood Alcohol Concentration (BAC) close to the legal limit of 0.08% may have a better chance of obtaining a wet reckless plea.
- Mitigating Circumstances: If there are factors that suggest leniency, such as a clean driving record or lack of aggravating circumstances (e.g., no accident or injuries), a prosecutor may be more inclined to offer a wet reckless plea.
Once both parties agree to a wet reckless plea, the defendant pleads guilty or no contest to reckless driving under VC § 23103. The court then officially records the plea as a conviction for reckless driving involving alcohol or drugs under VC § 23103.5.
4. Benefits of a Wet Reckless Plea
Opting for a wet reckless plea under VC 23103.5 offers several benefits over a standard DUI conviction:
A. Lesser Penalties
- Fines: The fines for a wet reckless are generally lower than those for a DUI. While DUI fines can range from $390 to $1,000 (plus substantial penalty assessments), wet reckless fines are often less severe.
- Jail Time: The maximum jail time for a wet reckless is typically less than that for a DUI. A DUI conviction can lead to up to six months in jail for a first offense, while a wet reckless may carry a shorter sentence, often with the possibility of probation.
- Probation: Probation periods for wet reckless convictions are generally shorter and may have fewer conditions compared to DUI probation.
B. No Mandatory License Suspension
- A DUI conviction usually triggers an automatic license suspension through the DMV and the court. With a wet reckless, there is no mandatory court-ordered suspension, though the DMV may still impose administrative penalties depending on the case.
C. Less Severe Impact on Insurance
- While both DUI and wet reckless convictions can lead to increased insurance premiums, the impact of a wet reckless is generally less severe. Some insurance companies view wet reckless as a less serious offense, potentially resulting in lower rate hikes.
5. Drawbacks of a Wet Reckless Plea
Despite the benefits, there are also significant drawbacks and long-term implications to consider:
A. Priorability
- A wet reckless under VC 23103.5 is “priorable” for DUI purposes. This means that if a person is convicted of another DUI within 10 years, the wet reckless will be treated as a prior DUI, leading to harsher penalties as a repeat offender (e.g., mandatory jail time, longer license suspension).
B. Professional and Licensing Consequences
- For certain professionals, including commercial drivers, healthcare workers, and others with licensing requirements, a wet reckless conviction can still trigger disciplinary actions. Employers and licensing boards may view a wet reckless similarly to a DUI, particularly because it is noted as an alcohol or drug-related offense.
C. Potential Impact on Immigration Status
- While less likely than with a full DUI conviction, a wet reckless can still impact immigration status for non-citizens, particularly if it is seen as a crime involving moral turpitude or if there are aggravating factors.
6. Advice for Defendants Considering a Wet Reckless Plea
If you are facing DUI charges and are considering a wet reckless plea under VC 23103.5, it is crucial to consult with an experienced DUI attorney. Here’s why:
A. Evaluating the Strength of Your Case
- An attorney can assess the evidence against you, such as BAC results, the legality of the traffic stop, and any field sobriety tests, to determine if a wet reckless plea is in your best interest or if fighting the DUI charge is a better option.
B. Negotiating with the Prosecution
- An experienced DUI attorney can effectively negotiate with the prosecutor to obtain the best possible plea deal, potentially reducing the charges to a wet reckless or even a lesser offense.
C. Understanding the Consequences
- Your attorney can help you understand the long-term consequences of a wet reckless plea, including its impact on your driving record, insurance, and professional life, allowing you to make an informed decision.
7. Conclusion
VC 23103.5 provides an important opportunity for defendants charged with DUI in California to potentially reduce their charges to a wet reckless, offering reduced penalties and less severe consequences. However, the decision to accept such a plea should not be taken lightly, as it carries its own set of implications, particularly in the case of future offenses. Consulting with a qualified DUI attorney is essential to navigating this complex legal terrain and achieving the most favorable outcome possible.
Citations:
- California Vehicle Code § 23103.5. Leginfo
- California Vehicle Code § 23152. Leginfo
- Nolo. “Wet Reckless Driving in California: Plea Bargaining a DUI.” Nolo Legal Encyclopedia
- DMV. “Driver License Points System.” California DMV