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12 May

WHAT IS A WET RECKLESS?

Posted by David Jones on May 12, 2017

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What is a "Wet Reckless" and what does it have to do with driving under the influence (DUI) charges?

Unlike a DUI, you cannot be arrested or charged with a wet reckless. 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 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.  A 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. Accepting a wet reckless plea is by far better than pleading guilty to a DUI, if a driver has the option.

There are many benefits to a wet reckless plea bargain, aside from the obvious that you won't be convicted of DUI. With a wet reckless, the penalties are lighter than a DUI. The fines are lower, there is no jail and probation is 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 does count as a prior for second and subsequent DUI sentencing purposes. This means that if a driver pleads to a wet reckless, it will still count as a prior offense if the driver is ever arrested for DUI in the future.

If you were arrested for drunk driving, we can build a strong case in your defense and help you achieve the most favorable results possible.

David Jones

David E. Jones is a Central Valley area DUI and criminal defense attorney who represents those accused of DUI and other crimes in both state and federal court. Mr. Jones has practiced criminal law throughout Fresno, Madera, Kings and Tulare counties since 1996. Mr. Jones was a Deputy District Attorney for Fresno County 12 years and has been an instructor for the Police Academy for over 10 years. He is an experienced and respected trial attorney.

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