If you were recently arrested for your
first DUI offense, you are likely worried about getting convicted of DUI, and reasonably
so. Even if the cards are stacked against you, we want you to know that
just because you were arrested for DUI, it does not necessarily mean that
you will be convicted of that specific charge.
As an Orange County
DUI defense firm, our goal is obviously to get your charges dismissed. However, sometimes
successfully fighting a DUI case means securing a reduced charge with
a reduced sentence for our client, especially when our client did make
DUI Plea Bargaining
If you are facing criminal charges due to a violation of Vehicle Code 23152(a)
or Vehicle Code Vehicle Code 23152(b) – driving with a BAC of .08%
or greater – the goal of negotiations may be to get your charges
reduced to a California “wet reckless.”
What is a “wet reckless?” It is basically the first DUI reduction
that the prosecution will offer. Unlike a DUI, you cannot be arrested
for a wet reckless, instead it is a charge that is only achievable through
a plea bargained settlement in lieu of a DUI.
Advantages of a wet reckless vs. a DUI:
- It looks better on your record.
- It does not trigger a court-imposed license suspension.
- The mandatory DUI penalties don’t apply.
While it is preferable to not have any conviction on your record at all,
if you there is overwhelming evidence that makes a DUI conviction highly
probable, it is definitely preferable to plead to a wet reckless than a DUI.
With a wet reckless, there is a shorter probation period, and you may not
have to attend DUI school, which can range from 3 to 9 months for a first
offense. But if you do have to go, it will be for a shorter period of time.
If this is your second or third DUI, then you will reap even greater benefits
since the penalties for a second or subsequent DUI get progressively worse.
The downside to a wet reckless is that in the eyes of the law, it is considered
a “priorable DUI.” This means that if you are convicted of
wet reckless, and you are convicted of
another DUI in the next 10 years, then it will be treated as a second DUI offense,
even though your previous DUI was reduced to a wet reckless.
Interested in learning more about the advantages of pleading down to a
California wet reckless? Contact an
Orange County DUI lawyer from the Law Offices of Virginia L. Landry, Inc. today!