A wet reckless is a negotiated plea bargain that in certain cases is an advantageous outcome to a DUI arrest. The term wet reckless doesn't actually appear in the California Vehicle Code but derives from the provisions of section 23103.5 VC. It is essentially a conviction of reckless driving with alcohol related circumstances.
As with all negotiated pleas, a wet reckless is seen as offering something to both sides. Though the prosecution gives up the chance to get a DUI conviction, it does get a conviction of the lesser charge of reckless driving, as well as the ability to count the wet reckless as a DUI if the defendant gets another DUI within ten years. And though the defendant agrees to plead guilty to reckless driving involving alcohol, he gets the benefit of avoiding some of the harsher penalties that come with a DUI.
Typically, district attorney's offices are open to negotiating a wet reckless when the defendant's blood alcohol level is at or just above the legal limit of .08 and/or the circumstances of the arrest and the quality of the evidence weaken the prosecution's case.
Advantages of a wet reckless over a DUI:
- Jail sentences are typically shorter or waived altogether since a wet reckless does not have a minimum required jail term like a DUI.
- Probation periods can be shorter, reducing the chances that a person will do something to violate the terms of probation and thus incur additional penalties.
- There is no mandated suspension of the driver's license, obviously important for people who drive to work or who drive vehicles as part of their employment, such as truck drivers or delivery company workers.
- People with professional licenses (for example, attorneys, doctors, and pharmacists) can avoid sanctions that would normally come with a DUI conviction.
- Fines are lower, usually half of those for a DUI.
Disadvantages of a wet reckless:
- Like a DUI, a wet reckless can result in increased insurance rates.
- If another DUI is received within 10 years, the wet reckless conviction is treated like a prior DUI conviction when determining penalties.
- The DMV, through its Administrative Per Se hearing, can still suspend the driver's license of someone who accepts a wet reckless plea. (See our November 27, 2009 post for a detailed explanation of DMV hearings.)
It's important to understand that a wet reckless can only be negotiated by your criminal defense lawyer before trial begins. The police cannot arrest you for a wet reckless and it is not a sentencing option after trial. If you've been arrested for a DUI and have questions about a wet reckless plea, call the Law Office of Nancy King at 916-442-1200.
