When you commit a DUI offense, you can make a plea bargain and request a lesser charge of wet reckless. The prosecutor can allow you to take a plea bargain for wet reckless if he/she has a weak case or upon discovering that the DUI charge is unfavorable. Wet reckless is often offered to first-time DUI offenders. If you are a second-time or subsequent DUI offender, your chances of securing wet reckless are low. If you are convicted of a wet reckless offense, you will not face a mandatory sentence enhancement, even if you are a repeat offender. You can escape mandatory jail time, fines, and an extended court-imposed license suspension. If you face DUI charges in Bakersfield, the California Criminal Lawyer Group can help you negotiate with the court to reduce your charges to wet reckless.

Overview Of Wet Reckless

A wet reckless charge is another name for reckless driving, often arising from a plea agreement to DUI charges under VC 23152. It constitutes a note on your criminal record that you were under the influence of drugs or alcohol. The prosecutor can agree to replace the charges of driving under the influence with wet reckless. Depending on the facts of your case, you can plead guilty or no contest to a lesser charge of wet reckless. The prosecutor can reduce your DUI charge to wet reckless if the following is true:

  • Your BAC was 0.08% or above but was not excessively high.
  • The officer who pulled you over had no probable cause.
  • The chemical testing did not adhere to the requirements of Title 17.
  • You have no previous record of drug- or alcohol-related offenses.
  • There is evidence that you had a rising BAC.

Prosecutors strive to have defendants convicted. A prosecutor would not want to risk going to trial for a weak DUI offense whereby the defendant is likely to be set free. Therefore, the prosecutor can accept a plea bargain if he/she realizes the evidence against you for VC 23152(a) or VC 23152(b) violation is insufficient. In this case, you will be criminally liable for your actions, even if the penalties are less severe than those of a DUI sentence.

Once your attorney and the prosecutor agree on a plea bargain, the prosecutor will present it to the judge for approval. After the judge approves the plea bargain, you will plead guilty or no contest to reckless driving under VC 23103.5. After a wet reckless sentencing, the judge will indicate that drugs or alcohol were part of your offense. The court will then send the notation to the Department of Motor Vehicles (DMV). The DMV will include the notation in your criminal record.

Your chances of securing a reduced DUI charge are limited if you have two or more previous drunk driving convictions. However, you should not give up despite multiple prior DUI convictions. You should have your attorney evaluate your criminal record within the look-back period to determine your eligibility for a plea bargain. Your attorney can convince the judge that some of your convictions are invalid, even if you have multiple convictions. If your attorney persuades the judge, some previous convictions will not count as priors. The court can then reduce your initial DUI offense to wet reckless.

Your attorney will also assist you in weighing the advantages and disadvantages of pleading guilty to wet reckless to help you make a wise decision. A lesser charge would be ideal under certain circumstances. However, if you have several previous wet reckless convictions, another one will not be ideal because the crime is priorable. Subsequent convictions will attract severe penalties. It is, therefore, advisable that you hire a DUI attorney to evaluate your DUI record.

Pleading guilty or no contest to wet reckless will be ideal if your record is clean. On the other hand, it is best to proceed with the original DUI charge to trial if you have several DUI priors within the look-back duration.

The Difference Between Wet Reckless And DUI

Driving a car while drunk is a crime under VC 23152(a). You can face charges under this statute even if your BAC is below the legal limit of .08%. A violation of this law means that your physical and psychological abilities have been impaired by alcohol. Alcohol can rob you of these abilities to the extent that you cannot be as cautious as a sober person would under similar circumstances. The court usually charges the first three DUI offenses as misdemeanors. Misdemeanor charges attract informal probation, mandatory DUI school, revocation of the driver’s license, and fines.

Conversely, VC 23152(b) makes it a crime for you to drive a vehicle with a blood alcohol concentration of.08% or more. You could be guilty of drunk driving under this law if a breathalyzer or chemical test result indicates the level of alcohol in your blood is beyond the allowable limit. The prosecutor must prove under VC 23152(b) that your BAC was beyond the legal limit.

You can reduce VC 23152(a) and VC 23152(b) charges to wet reckless under VC 23103.5. The charge arises from a plea bargain or DUI reduced charge. Most prosecutors prefer wet reckless over other DUI plea bargains like dry reckless and speed exhibition because it is a priorable crime. If you are convicted of wet reckless, a second or subsequent conviction will lead to more severe repercussions.

Typically, three differences exist between wet reckless and a DUI.

First, a wet reckless conviction is a lesser crime than a DUI. It also attracts less punishment. For example, a wet reckless conviction can only slightly affect your professional license. However, a DUI conviction can result in the permanent revocation of your professional license.

A wet reckless conviction is less likely to result in a license revocation. You will not need to install an IID in your car. The court’s decision, however, does not affect the outcome of the DMV administrative hearing. The DMV could suspend your driving privileges even if the judge fails to do so. A conviction will add two points to your driving record and increase your insurance premiums. You will also lose discounts related to being a good driver. A DUI conviction, on the other hand, will attract a mandatory license suspension. The DUI conviction will also require you to install an IID in your car before driving.

In addition, a wet reckless conviction can result in a reduced jail term and fines. The jail term for a wet reckless conviction is usually less than 90 days. A first-time DUI conviction attracts a jail term of six months. You could also face misdemeanor probation instead of jail term if you plead guilty to wet reckless. The judge could impose certain conditions on you while you are on probation. Probation can be revoked if you violate the conditions of probation.

The Difference Between Wet Reckless And Dry Reckless

Your record will have a note once you are convicted of wet reckless. On the other hand, there is no notation on your criminal record after being convicted of a dry reckless.

A wet reckless charge is a priorable offense, while a dry reckless is not. Subsequent sentences will not attract a sentence enhancement for a dry reckless offense. You will face harsher consequences if convicted of a subsequent wet reckless since the crime is priorable.

Securing a Wet Reckless Plea Bargain

Your attorney and the prosecutor must agree before a wet reckless plea deal goes through. The prosecutor will then table the deal in court for approval. You will enter a guilty plea or nolo contendere to reckless driving. The judge will drop the initial DUI charge and notify the DMV so that they can add a notation to your record.

A wet reckless plea bargain can be the best deal, depending on the nature of your charges. The judge will first determine if you have a prior drunk driving or a wet reckless conviction in ten years. You will face an enhanced sentence if you have a subsequent conviction within ten years.

Advantages of Wet Reckless

The suitability of a wet reckless charge depends on the circumstances of your case. It is typically based on your wet reckless or prior DUI sentence. You should consult an attorney to help you examine the advantages and disadvantages of a plea agreement. This will enable your attorney to determine if the plea agreement suits you. The advantages of entering a wet reckless plea agreement are:

Reduced Monetary Court Fines

The court can order you to pay fines of $145 to $1,000 for a wet reckless conviction. A DUI conviction, on the other hand, attracts a fine of $1,000 to $3,000. Entering a wet reckless plea agreement attracts a lesser fine than a DUI conviction.

No Mandatory Revocation Of Your Commercial Driver’s License (CDL)

You risk CDL suspension if you are convicted of a DUI. On the other hand, wet reckless does not attract a CDL suspension. You will only accumulate two points on your DMV record if convicted of wet reckless.

Reduced DUI Education Or Education Program

Your first-time wet reckless charge will attract a mandatory DUI school that does not exceed six weeks. A DUI conviction could attract a DUI school of 18 to 30 months. However, your mandatory school program could be enhanced to nine months if you have several wet reckless convictions within the look-back duration.

No Mandatory Court-Imposed License Revocation

After securing a wet reckless sentence, the court will not suspend or revoke your driver’s license. However, you could face a mandatory six-month license suspension if you are a first-time DUI offender. You will face a minimum of a 24-month license suspension if you are a second-time DUI offender. For a third DUI offense within the look-back period, you could face 36 months of license suspension.

Reduced Probationary Duration

You could face misdemeanor probation of 12 to 24 months if convicted of wet reckless. On the other hand, you could face misdemeanor probation of 36 to 60 months if you are convicted of a DUI. You can easily secure a criminal sentence expungement for wet reckless because it has a shorter probation period. Your record will not show up during background checks once expunged. In this case, you can confidently tell your prospective employer or any other party that you have never been convicted.

Reduced Jail Term Than That Of A Normal DUI

You could face a jail term that does not exceed 90 days for a wet reckless conviction. For a first-time DUI, you could face a jail term that does not exceed 180 days. You can face a jail term that does not exceed 12 months if you are a second or third DUI offender.

The difference between wet reckless and a DUI can become more apparent if the judge imposes informal probation instead of a jail term. You could face a maximum original sentence of 90 days if you violate a probation sentence for wet reckless.

You could face a jail term of six months for violating informal probation for a DUI offense. A DUI sentence for a probation violation is, therefore, twice that of wet reckless.

Reduced Mandatory Jail Term For Repeat Offenders

You could face a shorter jail term for a subsequent wet reckless conviction than for a repeat DUI conviction. When convicted of a subsequent wet reckless offense, you will face a mandatory minimum jail term that does not exceed five days. You will serve the same jail term regardless of your priors within the look-back period.

You could face a mandatory jail term that does not exceed 90 days if you are convicted of a second DUI offense. A third-time DUI conviction could attract a jail term that does not exceed 120 days.

Less Stigmatization

A DUI conviction can carry a significant social stigma because it is always considered a serious crime. Most people consider drunk driving a dangerous and selfish act that endangers other people’s lives on the road.

On the other hand, a wet reckless conviction is often viewed as a lesser crime than a DUI. It suggests that you were not as impaired as someone who faced DUI charges. This could reduce other people’s negative perceptions of you, enhancing personal and professional relationships.

Disadvantages Of Wet Reckless As A Plea Agreement

A wet reckless plea agreement also has several disadvantages that you should consider before accepting it. They include:

The Department Of Motor Vehicles Can Still Punish You

The California DMV can restrict or suspend your license even if a wet reckless conviction does not lead to a compulsory license suspension. They could do so based on the facts of your case. This can make it hard for you to commute to work or fulfill other duties that require driving.

The DMV can suspend your license if you accumulate a certain number of points. The DMV can also designate you as a negligent operator. Typically, wet reckless is considered the best option in some circumstances, but you should consider possible disadvantages before agreeing. You should hire an experienced DUI attorney to guide you through the options.

You Can Incur Additional Expenses

There are still fines involved, even though the fines for a wet reckless charge are lower than those for a DUI. For example, hiring an attorney to negotiate a plea bargain could cost a lot of money. You should ask your attorney about the total cost of the entire process.

Wet Reckless And Your Insurance

You cannot drive once the DMV suspends your license after a wet reckless conviction. You must pay a reinstatement fee to the DMV once the suspension period is over. You must also produce evidence of insurance for your license reinstatement.

The DMV could also order you to file an SR-22 form with them to prove you have liability insurance. An SR-22 document is evidence that you have the minimum liability required by law. You should keep this insurance for a certain period. The period required to keep your license in good standing is three years.

Your insurance rates could still be higher even if you complete your license suspension period and fill out an SR-22. The insurance company could maintain higher rates because wet reckless indicates a higher risk of future accidents or traffic violations.

It is a Priorable Crime

Your wet reckless could be considered a prior DUI conviction if you are charged with a subsequent DUI crime within ten years of wet reckless. This could enhance your punishment for any subsequent DUI crimes.

Can Affect Your Criminal Record

Your wet reckless is still a criminal offense, even though it is not considered as serious as a DUI and will appear on your criminal record. Your potential employer can access it while conducting background checks, negatively affecting your employment prospects. A wet reckless conviction can still make securing jobs that demand clean criminal records hard.

Other Plea Deals Related To Wet Reckless

Apart from wet reckless, other plea agreements available include:

Dry Reckless

Also referred to as reckless driving under VC 23103, dry reckless is usually a misdemeanor arising from a DUI plea deal. The court could charge you with dry reckless if you disregard the safety of other road users and property.

The prosecutor can accept a dry reckless plea agreement if he/she has insufficient evidence to prove a DUI case. The prosecutor could also enter into this agreement if the arresting officer violated Title 17 during the breath or chemical test.

The purpose of Title 17 is to ensure the accuracy and reliability of the test results. The results can be unreliable if any of the regulations provided are violated. If this happens, the prosecutor could be left with a weak case that could make them enter a dry reckless plea agreement.

The advantages of a dry reckless plea bargain are:

  • It does not impact your future sentences because it is not a priorable crime.
  • It does not affect your driving rights because it is not alcohol-related.

Additionally, your insurance will not be concerned about your conviction because it is not associated with alcohol.

Publicly Intoxication

It is a crime under PC 647(f) for you to risk other people’s safety or property by being drunk. You could face charges if you consume alcohol until you cannot act with the care a sober driver would under similar circumstances. You could violate PC 647(f) by consuming alcohol and hindering other people from relishing their rights in a public setting. You can only face charges under this statute if the prosecutor proves the following elements:

  • You were intentionally intoxicated.
  • You were intoxicated in a public setting.
  • You hindered the free use of the sidewalks or other public amenities because of your intoxication.

You could face the following penalties for violating PC 647(f):

  • A jail term that does not exceed six months.
  • Misdemeanor probation.
  • A fine that does not exceed $1,000.

The defenses you could present to fight PC 647(f) charges include:

  • Your drunkenness was not voluntary.
  • You were not in a public setting.
  • No probable cause.

Speed Exhibition

It is a crime under PC 23109 to drive a vehicle at a speed that can cause you to lose control and endanger yourself or other road users. If the prosecutor accuses you of violating PC 23109, he/she must prove the following elements:

  • You were driving a car.
  • You intentionally drove at a high speed.
  • You were speeding to impress.
  • You aided another person’s criminal behavior.

You will only pay a fine of $500 if you enter a speed exhibition plea deal. You could also face a shorter jail term and probation of 24 months.

Find a Criminal Defense Near Me

If you face driving under the influence charges in Bakersfield, you should connect with an experienced DUI attorney right away. Early engagement of a DUI attorney can aid in the ultimate reduction of a DUI charge. At the California Criminal Lawyer Group, we have experienced DUI attorneys who can help you fight DUI charges or negotiate a plea bargain deal. Contact us at 661-750-8230 to speak to one of our attorneys.