You might probably know someone who received a wet reckless plea bargain following their DUI arrest. While you might be aware that their wet reckless enabled them to receive a lesser charge, you might not completely understand what receiving a wet reckless means. In California, a wet reckless is a means to possibly lower your DUI charges. Rather than being convicted of a DUI charge, you are convicted of reckless driving. The catch is that consequences of a wet reckless charge are often less severe than those of a DUI.

However, engaging a proficient DUI attorney to defend you is the greatest approach you can use to minimize the serious implications of a DUI conviction. If you are facing DUI charges in Sacramento, CA, you can contact the California Criminal Lawyer Group. The earlier your defense starts, the more likely you will have your charges lowered or possibly dismissed.

How a Wet Reckless Works in California

A wet reckless is a form of a plea deal that is made available in certain DUI cases. In return for the accused pleading guilty to the lesser offense of wet reckless, the prosecution agrees to withdraw the much more severe DUI charge. In other terms, the term wet reckless may refer to a conviction of negligent driving under California's VC 23103 that:

  • Is a consequence of a Tahl waiver as well as a guilty plea to accusations of driving while intoxicated.
  • Involves a statement on the accused's criminal record indicating that the crime featured alcohol or drug usage.

As will be further discussed later in this article, the last element distinguishes a wet charge from a dry reckless plea to drunk driving charges. A dry reckless charge does not include a statement mentioning the use of alcohol or drugs. Unlike a wet reckless charge, a dry reckless is not considered a prior offense.

The prosecution does not always offer a wet reckless plea deal in DUI cases. The chances of receiving a wet reckless will be based on the details of your DUI case. When you are apprehended for drunk driving and you have a strong case or the prosecution assumes the DUI case has some flaws, they could offer you a wet reckless plea bargain.

Other reasons that may cause the prosecution to offer you a wet reckless plea deal is if:

  • Your BAC was close to or below 0.08 percent.
  • You do not have any significant record of alcohol or drug-related violations.
  • There are faults in the prosecutor’s case.
  • You were not aggressive at the moment of your apprehension.

Even though a wet reckless plea isn't always granted during a first conviction, it's the most usual option. However, unlike a  1st DUI offense, a prosecutor's odds of granting a 2nd DUI defendant a wet reckless plea are quite limited.

The Difference Between a DUI and a Wet Reckless

As stated above, VC 23103.5 authorizes the reduction of DUI charges to a wet reckless. It's a popular plea bargain for Vehicle Code 23152 (a) DUI or Vehicle Code 23152 (b) driving with a BAC of 0.08 percent or more. It's worth noting that a wet reckless charge is not a crime that can lead to an arrest. It's only a phrase for a careless driving charge that:

  • Is a result of a DUI plea deal.
  • Includes a note stating that alcohol and/or drugs were used.

Difference Between a Wet Reckless and a Dry Reckless

The distinguishing factor between a wet reckless and a dry reckless is if the offense was committed while under the influence of alcohol/drugs. A note like this can be found in a wet reckless conviction. A dry reckless one, on the other hand, does not include this statement.

In practice, a typical Vehicle Code  23103 reckless driving charge is known as dry reckless. It is employed in DUI cases where the defendant agreed to a plea deal. It may not always imply that the offender was driving recklessly.

The main distinction between a wet reckless and a dry reckless is that a wet reckless charge can be considered a prior offense. This suggests that if you are convicted of some other driving crime that involves drugs or alcohol within the following 10 years, you will face harsher penalties as a repeat offender.

A wet reckless guilty plea requires both the prosecution and the offender to agree. The plea agreement must also be approved by the court.  You will be permitted to enter a guilty or a no-contest plea to careless driving when everybody has consented. The judge will then drop the DUI charges and report the verdict to the DMV.

The Benefits of Pleading To Wet Reckless Instead of a DUI

The facts of your case will determine if a wet reckless charge is a suitable plea deal. This could vary based on if you had a prior DUI conviction or wet reckless conviction on your record.

The possible penalties for a future violation rise each time you are convicted of a wet driving crime during the subsequent ten years.

  • A wet careless conviction does not have the same negative connotation as a DUI.
  • If your work requires you to drive, a wet reckless charge may help in keeping your job.
  • Lesser fines.
  • Your automobile will most likely not be required to have an ignition interlock device installed by the court.
  • The amount of time you have to attend your mandated DUI class is drastically decreased. You may attend classes for several months instead of several months or even years.
  • In most circumstances, the fine for a DUI, which ranges from $390 to $1000, will be lower than the fine amount.
  • Reduced probationary periods.
  • Reduced mandatory jail terms for anyone with previous DUI convictions.
  • For a wet reckless charge, the judge will not instantly suspend your driver's license. If your Blood Alcohol Content was 0.08 percent or you rejected the chemical tests, the DMV could still have your license suspended unless you obtain an administrative/per se hearing before the DMV.

Lesser County Jail Term Sentences

A wet reckless conviction carries a maximum penalty of ninety days in county jail. A DUI, on the other hand, can result in maximum sentences of:

  • For the 1st offense, six months in jail.
  • A 2nd or 3rd offense will result in a one-year sentence.

This distinction is especially significant if you are placed on probation rather than prison. A DUI probation violation proceeding will be held if you violate probation after a wet reckless charge or Driving Under the Influence conviction. If you violate the terms of your probation, the judge has the authority to revoke your probation and sentence you to prison for the maximum term of the sentence.

Less Mandatory Jail Time With Previous DUI Charges

A wet reckless conviction usually results in shorter jail sentences than a Driving Under the Influence conviction. When you have one or more prior charges on your record, the distinction is very obvious. To assess prior convictions, wet reckless qualifies as a DUI. 2nd and third DUI offenders must serve:

  • A minimum of ninety days in county jail for a second DUI offender.
  • A minimum of one hundred twenty days in county jail for a third DUI.

 According to California state drunk driving laws, the above are the lowest possible jail terms. Repeat offenders face considerably longer jail terms under certain county statutes. A wet careless conviction, on the other hand, carries a five-day minimum sentence. This five-day minimum exists despite your previous DUI or wet reckless convictions.

Under a wet reckless plea agreement, repeat offenders could be capable of avoiding many months in prison. When a repeat offender is facing additional DUI convictions,  a wet reckless charge will be beneficial to them.

The Probationary Period is Reduced

A DUI conviction in California usually entails a 3 to 5-year probationary sentence. However, the probationary period for a wet reckless conviction in California normally lasts only one to two years.

This shortened probation period is particularly appealing because:

  • Expungement of a DUI charge or wet reckless charge is only available when you have served your probation.
  • Background checks by employers will reveal the conviction status until it has been removed.

In California, employers should not inquire about prior criminal charges during the hiring process or during formal interviews due to the state's ban the box rule. They can only inquire about such records if they have received a conditional offer of employment.

Employers cannot instantly refuse to hire somebody for a conviction under the law. However, if the employers run background checks, charges can show up till the record is expunged. A wet reckless conviction results in an earlier expungement. Meanwhile, the conviction carries a lesser social stigma than a DUI charge.

Reduced Fines

A wet reckless conviction usually results in lesser cumulative penalties than a Driving Under the Influence conviction in California. A $1,000 fine is the possible highest penalty for both a wet reckless charge or a California DUI charge. However, when penalty evaluations issued by the court are included, the penalties for a Driving Under Influence charge might reach $3,000 or more. As a result, monetary penalties for wet reckless charges are roughly half of a DUI charge.

There is No Mandatory Court-Ordered License Suspension

A wet reckless charge, unlike a DUI charge, does not result in a court-mandated driver's permit suspension. A DUI charge, on the other hand, necessitates that your driver's permit is suspended for at least:

  • For a 1st DUI violation, six months in ail.
  • 2 years if it's your 2nd DUI.
  • 3 years for a 3rd DUI violation.

A hard one-year suspension is also imposed on those types of DUI offenses. This implies that you will be unable to acquire a restricted permit that will allow you to drive to your workplace.  The following charges will result in a hard suspension:

  • Refusal to participate in chemical tests.
  • Underage DUI.

However, as a criminal consequence, a wet reckless charge does not lead to instant driver's permit suspension. The judge may, however, issue an Ignition Interlock Device for 3 to 6 months.

Penalties from the Department of Motor Vehicles are Still Feasible

The DMV will suspend your license if you are arrested for drunk driving, even though the charge will be reduced later. To avoid losing your driving privileges, you have to seek and secure an administrative per se hearing with the DMV.

This is, however, not automatic. It must be requested before 10 days following your arrest.

Even though your license is suspended, the California Department of Motor Vehicles may allow them to drive after installing an Ignition Interlock Device for 4 months for your 1st violation, and 1 year for a 2nd conviction.

A careless driving charge will also result in a minimum of two points being added to your California Department of Motor Vehicles driving record.   When you have accumulated a particular amount of points, your driver's license shall be suspended and you will be labeled a negligent operator.

Shorter DUI Program

First-time wet reckless offenders face a 6-week alcohol awareness program as part of their sentence.

This is, nonetheless, still less than the 3-month minimum program necessary following a DUI charge in California.

If the offender has a previous wet reckless charge or DUI record during the past ten years, the alcohol awareness program for the wet reckless is increased to 9 months. However, it's still less than what the eighteen or thirty-month DUI program necessary for a 2nd DUI sentence during ten years.

Potentially Less Impact on Your Professional License

In California, a wet reckless conviction has a lower consequence on a professional permit than a Driving Under the Influence conviction. If a DUI is significantly connected to your job, a California professional licensing proceeding will be held. This could occur when you hold or are seeking a medical license, like the ones required of physicians, pharmacists, health practitioners, or veterinarians.

Since a Driving Under the Influence conviction does not always result in the loss of a driver's permit, it does generally result in an inquiry. If the state licensing board doesn't agree with your explanation of the circumstances that led to the charge, this could take immediate action.

No Automatic Disqualification with Wet Reckless

A wet reckless charge, on the other hand, is less probable to result in these repercussions. The Department of Motor Vehicles and any professional licensing board will still be notified of the sentence. However, the notion that the prosecution was able to lower the allegations may be enough to keep disciplinary action from being taken. Although most jobs do not need you to reveal an expunged Driving Under the Influence charge, this doesn't extend to state permits.

Before communicating with their respective licensing boards or agreeing to any DUI plea deal, practitioners facing drunk driving allegations are strongly encouraged to speak with a skilled California DUI attorney.

For a wet reckless conviction, there is no statutory suspension of a commercial driver's license.

A commercial driver's permit will be automatically suspended if you are convicted of DUI.

A wet reckless charge, on the other hand, will not. Unless the points recorded to your DMV record exceed the negligent operator threshold will your license be suspended.

If you were in a regular car and also had a basic Class C permit, a wet reckless driving charge adds 2 points to your record. You will have your Class C driver's permit   accumulate the following points under VC 12810.5 (a):

  • 4 points or higher one year.
  • 6 points or higher in 24 months.
  • 8 points or higher in 36 months.

There is No Requirement to Install an Ignition Interlock Device           

After a second DUI offense in California, the installation of an IID is compulsory. Installation of this device, however, is at the discretion of the judge in the case of a wet reckless conviction.

What are the Consequences of Wet Reckless?

Sadly, a wet reckless is viewed the same way as a DUI in certain cases. These are some of them:

  • In a succeeding DUI conviction, it qualifies as a prior.
  • The California Department of Motor Vehicles can still have your driver's license suspended.
  • Your DMV record will receive two negligent operator points.
  • Car insurers are likely to treat your charge as a DUI.
  • Prospective employers may find out about or inquire about your charges.

A Wet Reckless Counts as a Prior DUI

If you are convicted of a DUI during 10 years following the wet reckless charge, it will be considered a previous DUI crime. As a repeat violation, you will face harsher sanctions.

The California DMV can Still Suspend Your Driver's License

As a criminal conviction, a wet reckless charge does not result in a necessary court-mandated license suspension. However, following a DUI conviction, the DMV will have your driver's license suspended administratively.

To prevent this, you have to seek a hearing with the Department of Motor Vehicles within ten days of being arrested. You ought to win the hearing with the DMV.

Before any agreement in a DUI court trial, the DMV proceeding is normally held. However, the DMV could be able to grant you a delay. It will allow you or your counsel time to talk to the prosecution about a plea deal.

If your license is suspended by the DMV, an Ignition Interlock Device will be required for you to keep driving lawfully. Even though the Department of Motor Vehicles is not constrained by the plea agreement, a wet reckless conviction may persuade the hearing officers to be more lenient. It will not, however, aid any offender below 21 years or if you refused to participate in a blood or DUI test.

Frequently Asked Questions on Wet Reckless

If I'm Convicted of Wet Reckless, Do I Have to Get SR-22 Insurance?

The requirement for getting SR-22 insurance is triggered by a defeat at the Department of Motor Vehicles hearing, not by a charge of wet reckless. To get your driver's license back, you'll need to submit an SR-22 form to the Department of Motor Vehicles.

Why Should I Plead Guilty to a Wet Reckless Charge If It Will be Considered a Prior If I’m Later Convicted of a DUI?

A wet reckless offense, which is used to persuade DUI suspects to plead guilty, has several benefits as discussed earlier. A wet reckless appears considerably preferable on your background than a Driving Under the Influence, which can benefit if you're looking for work or already have work whereby a DUI could prevent you from obtaining certain clearances or certifications. A Wet Reckless conviction also comes with a reduced probationary period than that of a DUI conviction, which normally lasts 3-5 years. A Wet Reckless conviction normally has a 1 to 2-year probationary sentence, and you'll be eligible for an expungement on your misdemeanor charge under PC1203.4 more rapidly. A Wet Reckless also does not result in a suspended license. The 1st, 2nd, or 3rd DUI, and also refusals to take chemical DUI tests and DUI below 21, all result in immediate license suspensions.

How Long Does a Wet Reckless Count on Your Record Stay on Your Record?

For ten years. This indicates that when you receive a second DUI or another wet reckless charge within ten years after the first, the judge will treat it as a second violation rather than a first.

Is Wet Reckless a Felony or a Misdemeanor?

It is a misdemeanor. This is particularly the case if you already have three previous DUI charges. A 4th is a felony, as well as if you had been involved in a drug or alcohol-related accident that resulted in injuries or fatalities.

Find an Experienced Sacramento DUI Defense Attorney Near Me

It's critical to speak with a criminal defense attorney who can counsel you on how you can build a strong case. An experienced criminal defense attorney can inform you if a wet reckless plea bargain is the best option for your situation, allowing you to make informed decisions on whether you should accept a plea agreement or go to trial.

If you have been charged with DUI in Sacramento, CA, you should speak with a professional criminal defense attorney as soon as possible. We at California Criminal Lawyer Group have extensive experience representing people charged with different offenses, including DUIs. Call us at 916-775-7660 today and let us handle your case.