What is a California "wet reckless" and what does it have to do with DUI charges? In most cases, pleading down to a wet reckless is a great way to reduce a DUI charge. A driver cannot be charged with a wet reckless, and they can’t be arrested for it. Instead, it strictly refers to reducing a DUI through a plea bargain.
Wet reckless under Vehicle Code 23103 and 23103.5 is a great plea bargaining tool for DUI defense attorneys and their clients who qualify. Generally, a DUI defendant may be able to reduce their DUI to a wet reckless when:
- Their blood alcohol concentration was close to .08%
- The prosecution’s case is weak for some reason
Although a wet reckless is very similar to a DUI, it does not have all the same implications that a DUI has. Pleading down to a wet reckless may be your best chance for avoiding a DUI conviction if there is evidence that you were driving under the influence. Wet reckless is reckless driving, but with the addition of alcohol involvement.
For many DUI defendants, wet reckless can be an appropriate plea for drivers, who undoubtedly had alcohol in their system, but were close to the legal limit, which is .08% blood alcohol concentration (BAC) in California and nationwide. Accepting a wet reckless plea is by far better than pleading guilty to a DUI, if a driver has the option.
Advantages of a Wet Reckless
There are many benefits to a wet reckless plea bargain in Orange County, aside from the obvious that you won't be convicted of DUI. With a California wet reckless, the penalties are lighter than a DUI. The fines are lower, the jail sentence and probation are less, it doesn’t necessarily affect professional licenses like a DUI, and it may not trigger a driver’s license suspension.
However, a wet reckless is a “priorable offense” for second and subsequent DUI sentencing purposes. This means that if a driver pleads down to a California wet reckless, it will still count as a prior offense if the driver is ever arrested for DUI in the future.
If you were recently arrested for drunk driving, get in touch with an Orange County DUI attorney at the Law Offices of Virginia L. Landry, Inc. We can build a strong case in your defense and help you achieve the most favorable results possible!