When faced with a DUI (Driving Under the Influence) charge, the term “Wet Reckless” might come up as an alternative plea option. But what exactly does it mean, and is it truly better than a DUI? Let’s dive into the details and explore the pros and cons of a Wet Reckless plea compared to a DUI conviction.
What is Wet Reckless?
A “Wet Reckless” is a term used to describe a plea bargain where a DUI charge is reduced to a reckless driving charge involving alcohol or drugs. This isn’t an actual offense you can be charged with initially; rather, it’s a negotiated agreement between the defense and prosecution. This option is only available under certain circumstances and requires the judge’s consent.
In this plea, the prosecutor initially charges a DUI (under Vehicle Code Section 23152) but later reduces those charges in exchange for the defendant pleading guilty (or “no contest”) to a reckless driving charge (under Vehicle Code Section 23103). The “wet” in “Wet Reckless” signifies that the reckless driving involved alcohol and/or drugs. This kind of plea is authorized by Vehicle Code Section 23103.5.
You cannot be directly arrested for or charged with a “Wet Reckless”; it is not a stand-alone crime. It is exclusively a negotiated plea, serving as a middle ground between a reckless driving conviction and a DUI conviction. Essentially, it can be thought of as a DUI with reduced penalties.
What is a DUI Charge?
A DUI, or Driving Under the Influence, is a criminal charge for operating a vehicle while impaired by alcohol or other drugs, including prescription medications. A DUI charge is more severe than a Wet Reckless charge and can result in significant legal penalties, including fines, jail time, and the suspension of your driver’s license.
Advantages of Wet Reckless
Lesser Penalties: One of the most significant benefits of this plea is that it typically carries lighter penalties compared to a DUI conviction. For example, the fines, probation period, and potential jail time are generally less severe.
Shorter Probation Period: The probation period for a reckless driving plea involving alcohol is often shorter than for a DUI. This means you can regain your full driving privileges and complete your legal obligations more quickly.
Reduced Impact on Insurance: Insurance companies view a plea of reckless driving involving alcohol less harshly than a DUI. While your rates may still increase, the impact is usually not as severe as with a DUI conviction.
Less Stigma: This charge carries less social stigma than a DUI. It can make a difference when applying for jobs, housing, or professional licenses, as the term “reckless driving” is often perceived as less severe than “driving under the influence.”
Disadvantages of Wet Reckless
Priorable offense: A plea can still count as a prior DUI if you are charged with another DUI within ten years. This means that the penalties for subsequent DUI offenses could be harsher due to the prior conviction.
Limited Availability: Not everyone charged with a DUI is eligible for this plea. Eligibility often depends on factors such as blood alcohol concentration (BAC) at the time of arrest, criminal history, and the specifics of the case.
Legal Fees: Negotiating a plea can be complex and may require the assistance of an experienced attorney. Legal fees can add up, making the process potentially costly.
When is Wet Reckless an Option?
A plea is typically offered in cases where the evidence may not be strong enough for a solid DUI conviction, or when the defendant’s BAC is close to the legal limit. It’s also more likely to be considered for first-time offenders with no prior criminal record.
Process of Negotiating a Wet Reckless Plea
Consult an Attorney: The first step is to consult with an experienced DUI attorney. They can evaluate the specifics of your case and determine if a Wet Reckless plea is a viable option.
Gather Evidence: Your attorney will gather evidence to support your case, such as the police report, BAC results, and any potential procedural errors that occurred during your arrest.
Negotiate with the Prosecution: Your attorney will negotiate with the prosecution to reach a plea agreement. This may involve presenting mitigating factors, such as your lack of criminal history, good character references, and willingness to complete DUI education programs.
Present to the Judge: If an agreement is reached, the plea deal will be presented to the judge for approval. The judge has the final say in whether to accept the Wet Reckless plea.
Long-Term Impact of Wet Reckless vs. DUI
While a Wet Reckless plea can provide immediate benefits in terms of reduced penalties and less social stigma, it’s important to consider the long-term implications. Both Wet Reckless and DUI convictions can have lasting effects on your driving record, insurance rates, and legal standing. However, a Wet Reckless charge may offer more leniency in future legal matters and professional opportunities.
Conclusion
So, is a Wet Reckless really better than a DUI? In many cases, yes. A Wet Reckless plea can result in lesser penalties, shorter probation periods, and reduced impact on your insurance and social reputation. However, it’s not a one-size-fits-all solution, and eligibility depends on various factors. Consulting with an experienced DUI attorney is crucial to determine the best course of action for your specific situation.
By understanding the differences between a Wet Reckless and a DUI, you can make a more informed decision and take steps towards a brighter future. Remember, the ultimate goal is to learn from the experience and make safer choices moving forward.
If you’re facing a DUI charge and considering a Wet Reckless plea, Southwest Legal is here to help. Our experienced attorneys will guide you through the process and ensure your rights are protected. Contact Us today for a consultation and take the first step towards defending your future.
