If you are facing
driving under the influence (DUI) charges in Orange County, California, you may have heard from friends
and family about a California “wet reckless,” which is not
a charge in itself. People don’t face wet reckless charges. Instead,
they plea bargain their DUI charges down to wet reckless.
When a DUI defendant bargains their DUI charge down to a wet reckless,
what is actually happening is they are being convicted of “dry reckless”
under Vehicle Code 23103 VC.
Sec. 23103.5, when the prosecution agrees to let the DUI defendant plea
nolo contendere or guilty to Sec. 23103 in place of Section 23152 (DUI), the resulting
conviction shall count as a priorable offense for the sake of any future
Why is a wet reckless better than a DUI conviction?
If there is substantial evidence against a DUI defendant and a plea bargain to a
wet reckless is on the table, it’s often favorable to accept such an offer. Why?
Because, a wet reckless has less penalties than a standard DUI, even less
penalties than a simple misdemeanor DUI without aggravating factors.
Less penalties? How so? For instance, when a DUI defendant accepts a wet
reckless plea bargain, they may not face a driver’s license suspension
– a huge bonus. Additionally, a wet reckless typically involves
less jail time, lower fines, and a shorter probation than a standard DUI.
But like a DUI, we must not forget that a wet reckless plea bargain is
a priorable offense. Meaning, if a DUI defendant pleas down to a wet reckless
and they are arrested for DUI in the future, the wet reckless will still
count against them as a prior alcohol-related offense.
In other words, the defendant would face the same enhanced penalties as
any other repeat DUI offender. There’s just no way of getting around
Facing DUI charges in Orange County? To discuss all of your defense options,
contact the Law Offices of Virginia L. Landry, Inc.!