A wet reckless is not a charge a person is usually arrested for at the outset. Instead, it is the common name for a negotiated reduction of a DUI case to reckless driving under California law. In the right case, a wet reckless can be a significantly better outcome than a DUI conviction, but it still carries important consequences and should be evaluated carefully before accepting any plea.
At the Law Office of H. Charles Gorian, we understand that not every DUI arrest should end in a DUI conviction. In some cases, weaknesses in the evidence may support a negotiated reduction to a wet reckless. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
What Is a Wet Reckless?
California Vehicle Code section 23103.5 allows a defendant charged with DUI under Vehicle Code sections 23152 or 23153 to plead guilty or no contest to reckless driving under Vehicle Code section 23103 in satisfaction of, or as a substitute for, the DUI charge. When that happens, the record reflects that the reckless-driving conviction involved alcohol or drugs. That is why this type of disposition is commonly called a wet reckless. In other words, a wet reckless is a DUI-related reckless-driving plea bargain, not a separate offense someone is typically booked for at arrest.
Potential Advantages of a Wet Reckless
In the right case, a wet reckless may offer meaningful advantages over a DUI conviction. Depending on the facts, those advantages may include:
- reduced jail exposure
- lower fines and penalties than a standard DUI in many cases
- a shorter alcohol education program
- a reckless-driving conviction rather than a DUI conviction on the criminal record.
California DHCS states that a person convicted of reckless driving with a measurable amount of alcohol in the blood must complete a 12-hour DUI education program, which is shorter than the standard first-offender DUI programs.
Important Disadvantages of a Wet Reckless
A wet reckless is often preferable to a DUI, but it is not the same as a complete win or dismissal.
The most important drawback is that a wet reckless is priorable. Vehicle Code section 23103.5 provides that if a person is later convicted of DUI within 10 years, the wet reckless may be counted as a prior DUI-related offense for sentencing purposes. A second important point is that DMV consequences may still remain separate from what happens in criminal court. California DMV states that if the administrative suspension was sustained following the DMV hearing, a later reduction of the criminal DUI charge to reckless driving does not automatically restore the driving privilege.
Wet Reckless vs. DUI
A wet reckless is often viewed as a better result than a DUI conviction because it may reduce some criminal penalties and may look less severe on a criminal record. But it is still a DUI-related outcome with real consequences. A person considering such a plea should understand both the benefits and the long-term risks before accepting it.
Speak with a Wet Reckless Defense Attorney
If you are facing DUI charges and want to know whether a wet reckless may be possible in your case, it is important to review the evidence carefully before making any decision. In the right situation, a negotiated reduction may make a meaningful difference in the outcome of the case.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County, and San Diego County. Call (951) 395-0511 today for a free and confidential consultation.