Vehicle Code 23103.5 is the statute behind the "wet reckless," the reduced plea that turns a DUI charge into reckless driving involving alcohol. It is one of the most valuable outcomes available in a California DUI case. I am Joel Brand, and here is what it is and how I use it.
What the statute does
Section 23103.5 is what makes the wet reckless possible. It provides that when a person is charged with a DUI under Vehicle Code 23152, the prosecution may agree to let them plead instead to reckless driving under Vehicle Code 23103, with the record noting that the reckless driving involved alcohol. The statute requires the prosecutor to state on the record that the original charge was a DUI, which is why the plea is called a "wet" reckless. It is not a separate crime you can be charged with directly; it exists only as a negotiated reduction from a DUI.
Why a wet reckless is so much better than a DUI
The advantages are significant and concrete. A wet reckless typically carries a shorter probation period, a shorter or optional alcohol program, lower fines, and, critically, no mandatory license suspension imposed by the court the way a DUI conviction triggers. It also does not carry the mandatory minimum jail that attaches to a DUI, and it sounds far less serious on a record seen by employers. For many clients, the difference between a DUI conviction and a wet reckless is the difference between a manageable outcome and one that disrupts work, licensing, and daily life. I cover the specifics in why a wet reckless is so much better than a DUI.
The one catch: it still counts as a prior
It is important to be candid about the main drawback. A wet reckless still counts as a prior DUI for sentencing purposes if you are arrested for a DUI again within ten years. So while it spares you the immediate consequences of a DUI conviction, it does not erase the priorability. For a true first offense that is usually a very acceptable trade, but it is something I make sure every client understands before accepting the plea, because it affects exposure on any future case.
When a wet reckless is realistic
A wet reckless is most attainable when there is a genuine weakness in the prosecution's case, a borderline blood-alcohol level near the limit, a questionable stop, a problem with the chemical testing, or shaky field sobriety evidence. The weaker the DUI case, the more leverage there is to negotiate the reduction. That is exactly why building a real defense matters even when a negotiated resolution is the likely path: the strength of the defense is what creates the opening for the wet reckless in the first place. The factors that drive these offers are detailed in wet reckless offer factors.
How the negotiation works
Securing a wet reckless is a process, not an automatic entitlement. I start by thoroughly investigating the case for every weakness, then present those weaknesses to the prosecutor as the reasons the DUI cannot be reliably proven. Where the evidence has real problems, the reduction becomes a sensible resolution for both sides. The quality of that presentation, and the credibility that comes from being prepared to take the case to trial, is what moves a prosecutor from a straight DUI to a wet reckless.
The DMV is still separate
A crucial point: a wet reckless resolves the court case, but it does not by itself resolve the DMV's separate license action. The DMV runs its own administrative per se suspension with its own 10-day deadline to request a hearing. To fully protect the license, the DMV hearing has to be won or addressed independently of the court plea. I handle both tracks, because a great result in court is incomplete if the license is lost at the DMV.
Wet reckless versus other reductions
A wet reckless is not the only possible reduction; in some cases an even better outcome, such as a "dry" reckless with no alcohol notation or an outright dismissal, is achievable, while in others the wet reckless is the realistic target. Which result is in reach depends entirely on the strength of the evidence. I compare the options in wet reckless versus DUI and assess, case by case, how far the weaknesses can push the resolution.
How these cases resolve
For a first-time client with a defensible case, the realistic goals are a dismissal where the stop or chemistry fails, and a wet reckless or better where it does not. Either way, the work is the same: find every weakness in the DUI and use it. The wet reckless exists precisely so that questionable DUI cases can resolve fairly, and obtaining it is one of the most common ways I keep a DUI conviction off a client's record. The outcome always depends on the evidence, which is why I examine all of it first.
What a wet reckless looks like on paper
Because the plea is to reckless driving rather than to a DUI, the conviction that appears on the record is for reckless driving, with a notation that alcohol was involved. To an ordinary reader, and to many employers running a background check, that reads very differently from a DUI. It does not carry the same social stigma, and it does not announce "driving under the influence" on its face. While the alcohol notation means the legal system still treats it as a priorable alcohol offense, the everyday reputational difference is real and is one of the reasons clients value the outcome so highly. I make sure clients understand both sides of that coin: the lighter public-facing record and the continuing priorability, so the decision to accept the plea is fully informed.
How it fits the larger defense
The wet reckless is a negotiated outcome that flows directly from a strong defense to the underlying DUI, which centers on the lawfulness of the stop and the reliability of the chemical testing. See my detailed wet reckless plea page, my top DUI defenses, and the defenses guide.
Want to know if a wet reckless is possible in your case? Let's talk.
Whether your DUI can be reduced depends on its weaknesses, and finding them is exactly what I do. Use the free case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24/7.