One of the most common requests I receive is from individuals seeking a wet reckless plea deal instead of a first-time DUI. While the difference between the two charges may not seem significant, the potential benefits of a wet reckless plea deal can offer a glimmer of hope in an otherwise challenging situation. 

A wet reckless means driving recklessly on the road with alcohol in your system. Whereas in a DUI, you are driving in an unsafe manner and can't safely operate your motor vehicle due to alcohol or drugs in your system.

Wet reckless is a charge reduction described under Vehicle Code 23103.5 VC. A prosecutor often offers it as a plea bargain for charges of Vehicle Code 23152(a) VC, driving under the influence, or Vehicle Code C 23152(b) VC, driving with a blood alcohol content (BAC) of 0.08% or higher.

When people get arrested for DUIs, they often get in their heads that they want to make their case a wet reckless instead of a DUI. 

First and foremost, it's crucial to understand what a wet reckless entails.  It's a misdemeanor conviction that indicates you were driving recklessly with alcohol in your system. However, with the right legal representation, you can navigate this complex process with confidence and reassurance. 

It's crucial to note that a wet reckless, while a step below a DUI, is still priorable. This means that if you are convicted of a wet reckless and then commit the same offense again, or a DUI, it would be counted as a second time. The resulting punishments would be significantly harsher. 

So, what's the difference between wet and dry reckless? The primary difference between a “wet” and a “dry” reckless is if the criminal record will note that alcohol or drugs were involved in the crime.  A “wet” conviction has this type of notification, while a “dry” does not. Our Los Angeles DUI attorneys will examine this topic further below.

Was Your BAC Close to the Legal Limit?

Ideas for getting a wet reckless are (1) if your blood alcohol level is close to the legal limit.  The closer to the legal limit, the better argument your attorney will have that they may be able to beat the case in a jury trial, and therefore, the prosecutor should give you a wet reckless. Other reasons why they would do it are:

• if you have no criminal record, and
• you weren't driving dangerously related to the DUI.

That's one big thing for prosecutors.  I've even seen in cases where the person blew a .08, which we can usually get a speed contest on, that the prosecutors won't give the speed contest because of dangerous activity:

• driving 100 mph and nearly hitting somebody on the road;
• having multiple DUIs is another reason they won't give you a lesser charge even though you're close to the legal limit.

Even if you have a clean record and your BAC is close to the legal limit, there's still a chance to secure a wet reckless plea deal. Prosecutors may consider the circumstances of your case and offer a more lenient charge, providing a glimmer of hope in what may seem like a daunting situation. 

Were You Driving Dangerously on the Road?

One effective strategy to secure a wet reckless plea deal is to convince the prosecutor that the defendant was not driving dangerously. This is a task that your attorney will undertake with diligence and expertise.

• having a low blood alcohol level,
• not doing anything like dangerous driving,
• being able to come close to passing the field sobriety tests is another angle I've used to get a wet reckless.

Sometimes the police are honest in their assessment of the person, and they say the person was cooperative, which is a huge factor the prosecutors look at in determining whether someone is driving under the influence and can't safely operate a motor vehicle because somebody is drunk and belligerent, that person they don't like. 

Somebody who is cooperative with the police and does what they say, that person is more likely to be able to convince a jury that they might not be under the influence of alcohol to the level that they can't safely operate their case.

So, they're going to look at the field sobriety tests, and if you can pass some of them, you've got a shot at getting a wet reckless in a case. 

How Can You Get a Wet Reckless Plea Deal?

First, the prosecutor and the defendant must agree to a wet reckless plea bargain, and then the court must approve the plea deal.

After the agreement, the defendant will be allowed to plead guilty or “nolo contendere” (no contest) to reckless driving. The judge will then dismiss the DUI charges and notify the Department of Motor Vehicles (DMV) DMV of the conviction.

Whether or not a “wet reckless” plea bargain is a good one will always depend on the circumstances of the case. For example, perhaps a defendant already has a DUI or wet reckless on their record. California has a ten-year period during which they can look back for alcohol—or drug-related driving offenses.

As you can see, some of the ideas center around safety. The police, the prosecutors, and the judges are focused on protecting the public. 

So, the better argument that your attorney can mount is that you weren't dangerous on the road – for example, you didn't get pulled over because you were going 100 mph; you didn't get pulled over because you were driving dangerously. 

You got pulled over, for example, because you didn't have your lights on.  Maybe they're claiming you made an illegal lane change.  That stuff is a kind of tick-tack argument for pulling you over. 

They're allowed to do it, but we can mount the argument that you shouldn't get a full-fledged DUI; instead, you should get a wet reckless.

So, if you want the best, you've come to the right place.  Pick up the phone now.  Let my 30 years of experience go to work for you.  I've worked for the district attorney's office, I've worked for a superior court judge, and I've been defending people just like you since the early 1990s. 

If you're facing a DUI charge  and are considering a wet reckless plea deal, don't hesitate to seek legal advice. The top-ranked Hedding Law Firm, led by Ron Hedding, offers a free case consultation. Pick up the phone and take the first step towards protecting your rights and future.