In California and across the nation, it’s illegal to drive with a blood alcohol concentration (BAC) of .08%. That number applies to drivers who are 21 and older. It’s even lower for commercial driver’s license holders and underage drivers.
It is possible to get arrested for DUI, even if your BAC is .08% or under?
While an arrest with a BAC under .08% isn’t automatic, if the driver appears to be “impaired” and they aren’t driving safely, they can be arrested regardless of the fact that their BAC was under .08%.
Does this mean I’ll get charged with a wet reckless?
So, your BAC was under the legal limit. Does this mean that you’ll get “charged” with a wet reckless instead of a DUI? It actually doesn’t work that way because people aren’t arrested on wet reckless charges, they’re arrested on DUI charges.
If you were arrested for DUI and we discover that there are some good weaknesses in your case, or if the prosecution sees them as well, one of two things can happen: 1) we can use those weaknesses to plea the DUI down to a wet reckless, or 2) the prosecutor may offer the wet reckless as their plea bargain.
Wet Reckless Is Not Guaranteed
Usually, a prosecutor will offer a wet reckless when it’s the defendant’s first DUI offense, but they are not guaranteed. As far as a second DUI, the chances of the prosecutor offering someone a wet reckless after a second DUI are low, but not impossible.
In fact, second-time offenders are the people who benefit the most from this type of plea bargain. If someone is convicted of wet reckless for their second offense, they do not have to deal with mandatory sentencing enhancements, and that’s a huge plus.
So, if you’re a repeat offender and we can get your DUI reduced to a wet reckless, you can avoid the mandatory sentencing enhancements, such as heftier fines and mandatory time behind bars.
If you’re facing DUI charges, having them reduced to a wet reckless is much better than a DUI conviction. That’s because the penalties for a wet reckless are certainly more favorable.
To name a few advantages – a wet reckless will help you keep your driver’s license and it’ll help you avoid having to install an Ignition Interlock Device on your vehicle.
Of course, the best way to avoid a DUI is to beat your charges, but a wet reckless is another good option. Call our Orange County DUI defense firm today for a free consultation!