When it comes to DUIs, the term "wet reckless" often arises. While it's not a significant improvement over a DUI, it does offer potential benefits. This knowledge can bring a sense of hope and optimism to those facing DUI charges.
However, other charges are preferable to a wet reckless. For example, a dry reckless is much better because it doesn't involve alcohol, there's less punishment, it doesn't trigger several things, and it's not punishable.
Prior ability has to do with getting a wet reckless, and then in the future, if you get another DUI within ten years, it would count as a second-time DUI.
So, that makes the wet reckless priorable, and obviously, that's not something you want to have on your record. Insurance companies will not look favorably on you if you have a wet reckless on your record. It's likely to cause your insurance rate to increase.
Although a wet reckless is better than a DUI — and I would rather have that on my record than a DUI in Los Angeles — there are still other charges related to DUIs that you'd rather have on your record than a wet reckless. In addition to a dry reckless, a speed contest would be a much better charge in Los Angeles than a wet reckless.
The next question is, if you're unable to get a dry reckless, speed contest, or something less than a DUI, how can you get a wet reckless?
The factor of having a Prior Criminal Record
What it boils down to—the factors that I've seen in practicing DUI defense over the last twenty-five years—is whether you have any prior criminal record involving lousy driving or any form of DUI.
Having a clean record and a BAC level close to the legal limit significantly strengthens your position to argue for a wet reckless. This knowledge can empower you to take control of your situation and make informed decisions.
The range, in general — because it varies depending on a bunch of different factors — but being a .10, .11, .12 and not having any record and not doing anything egregious during your stop for a DUI, puts you in a much stronger position to be able to argue for a wet reckless.
Punishment for Wet Reckless
The next question that we likely encounter when dealing with these offenses is the punishment related to 'wet reckless' in Los Angeles. If you are convicted of a wet reckless, the penalty is negotiable, meaning the prosecutors can offer whatever they want.
Regardless of whether you receive a DUI or a wet reckless, you will be required to complete a three-month alcohol program. This program is designed to educate and rehabilitate individuals who have been convicted of alcohol-related offenses.
You're still going to be on probation for three years, but we will give you that wet reckless, so your record looks better than if you got a full-fledged DUI in Los Angeles County.
So, that is one thing that the prosecutors can do when it comes to a wet, reckless conviction. Another thing to note is that they can issue a minor fine. Instead of $390 plus penalty assessment, which works its way out to about $2,000, they could give you $240 plus penalty assessment, which saves you a significant amount of money once they tack that 200% penalty assessment on you related to your DUI matter.
So, one area they could help you with is delicate. They could also put you on minor probation. For example, they could put you on a two-year or one-year probation if the prosecutors were inclined. That would be better than the typical three to five-year probation for a first-time DUI.
One of the most significant benefits I see that a wet reckless provides in Los Angeles is avoiding jail time for a second offense. This knowledge can bring a sense of relief and reduce anxiety for those facing potential jail time.
Avoiding Alcohol Program
So, that's one area you can save as far as a wet reckless goes. Also, you could sometimes avoid doing the alcohol program when it comes to a wet reckless conviction. The only time you'll need to do the alcohol program is if you want to get your driver's license back.
Then you'll have to do it — even if you get a wet reckless and no license suspension.
So, the bottom line is that if you're arrested for a DUI and need help, give me a call. We'll sit down and strategize how to get you the lowest possible resolution. If a dismissal is in the cards for you, we'll do our best to obtain it.
If not, we'll try to get you something lower than a first-offense DUI in Los Angeles, and if a wet reckless is the right option based on your circumstances, that's what we'll aim for.
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