In Orange County and throughout California, a “wet reckless”
under Vehicle Code 23103 and 23103.5 VC is a common plea bargain in
driving under the influence (DUI) cases. A wet reckless under Vehicle Code 23103.5 VC is not a separate
offense that you can be arrested for, nor is it a crime for which you
can be charged.
When a DUI defendant bargains down to a “wet reckless,” the defendant will face lighter penalties than if they had been
convicted of a standard DUI. Some of the advantages of a wet reckless, include:
- Lower fines
- A shorter jail sentence
- A shorter probation
- May not affect a commercial driver’s license
- May not affect professional licenses
Does not necessarily involve a
Can I Get a Wet Reckless With a High BAC?
While a California wet reckless is a highly favorable
plea bargain for qualified DUI defendants, not everyone will be entitled to one. Generally,
prosecutors are more inclined to a reduce a DUI down to a wet reckless
under Vehicle Code 23103 and 23103.5 VC when one of the following occurs:
blood alcohol concentration (BAC) was close to .08%, or
- There are holes in the prosecution’s case against the DUI defendant.
So, if you were pulled over for DUI and your BAC registered around .13%
or .14% and you want to know, “Can I get my DUI reduced to a wet
reckless?” it depends on how strong the prosecution’s case
is. Your chances of getting the DUI reduced to a wet reckless would be
much stronger if it was your first DUI and your BAC was .09%, you had
a clean driving record, and you were polite to the officers during the DUI stop.
In contrast, if your BAC was .13% or above, or if you’re a repeat
DUI offender, the prosecutor may be under political pressure to not be
lenient with you. Regardless of your BAC, there still may be holes in
the prosecution’s case or other mitigating circumstances that may
still work in your favor, leaving a wet reckless as a possible option.
If you are facing DUI charges in Orange County and you’re interested
in a wet reckless plea bargain,
contact the Law Offices of Virginia L. Landry, Inc. for a free consultation.