Wet Reckless Plea Bargain in a California DUI Case
Many clients express a strong desire for a wet reckless plea bargain instead of a first-time DUI. The distinction between the two is not as significant as it may seem. A wet reckless charge, which involves driving recklessly with alcohol in your system, could potentially offer a more favorable outcome.
Whereas in a DUI, you're driving in an unsafe manner, you can't safely operate your motor vehicle, and you have alcohol, some drug, or both in your system.
Wet reckless is charged under California Vehicle Code 23103.5. It's not an offense you can be charged with at the time of arrest but is only used when the prosecution agrees to reduce a DUI charge. It's a type of plea bargain, a deal where you agree to a less severe offense than the one you were initially charged with.
If you had your choice, you would choose a wet reckless of a first-time DUI, but again, the difference is less, in the sense that a wet reckless is going to be treated the same as a first-time DUI for purposes of prior ability.
Meaning, were you to get wet reckless and then within ten years of that wet reckless, you picked up another DUI or wet reckless, it would be a second-time DUI, and you would be treated as your first DUI was — as a full-fledged DUI.
Wet Reckless Carries Lower Penalties
Usually, with a wet recklessness, the purpose is less. The fine is not as high. The probation sometimes can be a couple of years instead of three years, and obviously, it's not as bad of a stigma on your record as a full-fledged first-time DUI.
So, if you had your choice between a DUI and a wet reckless, you would choose the wet reckless. But again, the difference is not that significant in the big scheme of things.
Your blood alcohol level will be pretty low to get wet reckless in Los Angeles County. In other words, if you blew double the legal limit, you have a minimal chance of getting wet recklessly.
If, on the other hand, you blew a .10, .09, .11, and your driving wasn't that bad, and you did pretty well on the field sobriety test, then you have a pretty strong chance on your first-time DUI to get a wet reckless.
Prior DUI Convictions
Even if you have prior DUIs and are facing a new DUI charge, a wet reckless plea bargain could still be a beneficial option. It could potentially result in a less severe charge, which could significantly impact the outcome of your case.
You can argue that it is not a full-fledged DUI and, therefore, it's not a second offense. It's not a third offense. It's not a fourth offense. This is a pretty good argument.
Of course, the prosecutors are going to see your prior criminal record. They're going to try to use that against you when it comes to sentencing you and how they deal with you, but if you can get a wet reckless. You've had prior DUIs; you're in a much stronger position to avoid some of the mandatory minimum sentences that the legislature has set up when you get multiple DUIs.
Mothers Against Drunk Driving, of course, is involved, especially in Los Angeles, California, when it comes to DUIs and a wet reckless.
DUI Lawyer Negotiating For A Wet Reckless
Suppose you're considering a wet reckless plea bargain because you believe the prosecutors have strong evidence against you for a DUI. In that case, it's crucial to find an attorney who is skilled in negotiating plea bargains. A successful negotiation could result in a wet reckless charge, which is less severe than a first-time DUI.
I've been doing this for twenty-five years, and I've had great success mitigating or lessening DUI charges. If you need help, pick up the phone and make the call. I'm happy to get you out of the criminal justice system as fast as possible.