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.