Daily Archives: October 19, 2018
People very often ask whether it’s possible to get a wet reckless in their DUI case without even knowing what a wet reckless is or what it entails. They do, however, know that it’s something better than a DUI conviction. While they are correct in that it is better than a DUI charge, there are some very important distinctions between a DUI and a wet reckless.
First, it’s important to explain exactly what a wet reckless is.
A prosecutor cannot charge a wet reckless from the outset. It can only be reduced from a DUI charge. If it is offered and the driver accepts, the driver will be pleading guilty or no contest to California Vehicle Code section 23103 pursuant to section 23103.5 which reads, ““A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving…If the prosecution agrees to a plea of guilty or nolo contendere to a charge of [reckless driving] in satisfaction of, or as a substitute for, an original charge of a violation of [DUI], the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcohol beverage or the ingestion or administration of a drug by the defendant in connection with the offense.”
In other words, a driver who takes a wet reckless is pleading guilty (or no contest) to reckless driving involving alcohol.
A wet reckless is one of several reductions to a DUI charge that a prosecutor might offer as incentive to get the driver to take a plea deal. Typically, the wet reckless is only offered if there are issues with the prosecutor’s case that might make it difficult for them to win at trial. For example, a wet reckless might be offered when it is determined that the driver’ blood alcohol content is close to the legal limit of 0.08 percent.
In addition to looking better on paper than a DUI conviction, there are a number of other benefits to the wet reckless.
If a person is convicted of a second-time DUI within 10 years, they face a mandatory minimum of 96 hours in jail. If a person is convicted of a third-time DUI within 10 years, they face a mandatory minimum of 120 days in jail. However, if a person is convicted of only a wet reckless when they’ve suffered prior DUI convictions within a 10-year period, there is no mandatory minimum jail sentence. For example, if a person is convicted of a DUI in 2010 and then a wet reckless conviction in 2018, there is no mandatory minimum jail for the wet reckless.
On the other hand, if a person is convicted of a wet reckless and then suffers a DUI within 10 years of the wet reckless conviction, the wet reckless will be treated as though it was a DUI prior. For example, a person is convicted of a wet reckless in 2010 and then suffers a DUI conviction in 2018, they are facing are facing a mandatory minimum of 96 hours in jail.
Other possible advantages of the wet reckless include a shorter probationary period, lower fines and fees, and a shorter DUI program. I say possible because it depends on what the prosecutor offers as a sentence to the wet reckless reduction.
Lastly, a wet reckless conviction does not trigger the 6-month suspension with the DMV. The license will still be suspended, however, if the driver loses the DMV’s administrative per se action.