A wet reckless is basically a Vehicle Code Section 23103 violation where somebody is driving recklessly on the road and they have alcohol in their system. Now, they may not necessarily be over the legal limit of .08, but there's really two ways for the prosecutors to get a conviction related to a DUI in Los Angeles.
One is that if your blood alcohol level is a .08 or greater, then it's presumed that you're driving under the influence for purposes of a DUI in Los Angeles. The other way is you have alcohol in your system and you can't safely operate a motor vehicle.
That amount of alcohol could be less than the .08 required for the presumption to exist. That's where you start talking about wet reckless. The wet part is obviously, you have alcohol in your system and you're driving around recklessly. Maybe you're going through red lights. Maybe you're swerving on the road. Maybe you're weaving in and out of traffic. So, that's really what a wet reckless is.
Wet Reckless is a Lesser Charge than DUI
On the good end, a wet reckless is definitely less than a DUI and maybe for insurance purposes, it may help you depending on your insurance company, and for other DUI's that you might have, if you get a wet reckless, that won't trigger a second, third or fourth DUI. So, it definitely does have its benefits. There's also an argument that it looks better on your record than a DUI.
On the negative end, a wet reckless is priorable. Meaning, it could be used against you in a future prosecution. So, if you plead guilty to a wet reckless in one of the Los Angeles courthouses and then you pick up another DUI later within a ten-year time frame, they can use that wet reckless as a prior and then you'd have a second-time DUI under that scenario. So, a wet reckless is definitely better, and if you can get a wet reckless versus a DUI, you should definitely try to do that and your attorney will try to do that for you.
A dry reckless would be even better than that because that has nothing to do with alcohol. It doesn't come with the same punishments. It doesn't come with the same issues related to DUI's — it's not priorable. So, obviously if you had your choice between a wet reckless and a dry reckless, you'd just pick the dry reckless, which basically means you're driving recklessly on the road but doesn't have anything to do with alcohol.
Wet Reckless has a Lesser Fine
Another reason a wet reckless would be better than a DUI, usually for a wet reckless the punishment is less. There's usually a lesser fine. A lot of times if you're able to plead to a wet reckless, it's not mandatory that you do a three-month alcohol program, although you may want to do one with the DMV because if they take your license away, they will not give it back unless you do whatever alcohol program is required by statute.
So, if you're thinking about a wet reckless and you think that is something you might want under the circumstances of your case, obviously this is something you should discuss with your DUI defense attorney and see if that's something that's feasible, or maybe there's even something better that they can get than a wet reckless.
To get a wet reckless in Los Angeles county — and I've been doing this for twenty-five years, there's either going to have to be some big problem with the case so the prosecutors will give you a wet reckless instead of risking losing at a jury trial and getting nothing, or your blood alcohol level is going to have to be close to the .08 — I would say within four percentage points in order for them to consider giving you a wet reckless, and I've been to every court in Los Angeles county dealing with DUI's. I've done hundreds of DUI's over my twenty-five year career so I think I have a pretty good feel for how prosecutors deal with them.
Field Sobriety Tests
Other facts that could give you a good argument to get something less than a DUI like a wet reckless, dry reckless, speed contest — would be that you can pass some of the tests that the police administer when they pull you over. Those field sobriety tests are supposed to be designed to assess whether you can safely operate a motor vehicle.
So, if you're passing their tests according to them, which obviously is not easy to do because they're looking for the fail so they can arrest you, then you've got some good arguments with the prosecutor — at least I do, to tell them, if he or she is passing the test, then there's a good argument that they can safely operate a motor vehicle.
Hence, that will rebut any presumption related to a .08 and would be a good argument if they charged you under Vehicle Code Section 23152(a) and tried to say you had alcohol in your system and therefore, can't safely operate a motor vehicle, yet you're passing the exact test designed to determine whether you can safely operate a motor vehicle.
There's a lot going on in these wet reckless cases and DUI cases across Los Angeles. Your best bet because it is so important to try to keep your record as clean as possible, and to protect your ability to drive and to stay out of jail, is to get an attorney who's been down this road before and could get you out of the system as fast as possible and do damage control related to your DUI case. Contact our law firm to review your case.
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Encino, CA 91436
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