When someone is arrested for DUI in California, what happens next is the driver’s license suspension, especially if the driver fails to request a DMV hearing within 10 days of the arrest (to challenge their license suspension). Considering that Orange County is a big place, and a lot of OC residents commute to LA or San Diego for work, it’s understandable why some people are very tempted to drive, even though they have a suspended license.
As DUI defense attorneys, we are opposed to someone driving on a suspended license. But, it would be foolish to say that it doesn’t happen. People who’ve been arrested for DUI are in tight spots, which is why we work so hard to fight DUI convictions in the first place.
Caught Driving After a ‘Wet Reckless’ Plea
Sometimes, a DUI defense lawyer negotiates a plea deal where the DUI is reduced to a “wet reckless,” and it results in a suspended license. Following the wet reckless plea, the DUI defendant gets pulled over for not having a driver’s license and the ticket is bumped up to driving on a suspended license after a DUI.
A violation of VC Section 14601.2(a) calls for a mandatory 10 days in jail, which is convertible to a work release (first offense), and about $2,000 in fines and fees. However, if the person can come to court with a valid driver’s license, or if he or she can reasonably get one with an extension, there is a possibility that they may be able to reduce the charge and save money.
If you’re in this situation, we’re assuming that you failed to pay all the fines and maybe even got in trouble on an unrelated charge, or moved out of state. Otherwise, you shouldn’t have had any trouble getting a driver’s license after a wet reckless. A wet reckless only requires a 12 hour DUI course, then you can get your license reinstated.
Can You Produce a Valid License?
If you are eligible for a license and you’re able to produce a valid license, we may be able to convince the DA to reduce the charge to driving without a license, which can be an infraction or a misdemeanor with no points and no jail. If you’re in trouble, we encourage you to contact our office to speak with an Orange County DUI attorney. After reviewing your case, we’ll be able to give you a clear idea as to what you have to do.