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California Wet Reckless & High BAC

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
  • Shorter DUI School
  • May not affect a commercial driver’s license
  • May not affect professional licenses
  • Does not necessarily involve a license suspension

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:

  • The defendant’s 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.