A Wet Reckless is a Lesser Charge Than DUI, See if You Qualify for This Plea
If you are arrested for drunk driving in San Diego County, you won’t necessarily be convicted of driving under the influence. Even if your DUI lawyer can’t help you beat the charges altogether, he may at least be able to negotiate a beneficial plea bargain. One of the best pleas is to reduce the DUI charge to wet reckless, a form of reckless driving filed under California Vehicle Code section 23103.5 (VC)1. This lesser offense offers reduced penalties but still counts as a prior in future cases.
When you’re facing DUI charges in Vista or the rest of San Diego County, attorney Peter M. Liss may be able to help you secure this beneficial plea. Call (760) 643-4050 today to schedule a free initial consultation at his defense office just across the street from the North County courthouse.
What Is a Wet Reckless Charge?
A wet reckless, filed under California Vehicle Code 23103.5 (VC), is essentially a less serious version of driving under the influence charges, which are filed under 23152 (VC)2. “Essentially, wet reckless means that you were driving recklessly by using alcohol or other mind-altering substances,” explains Peter Liss.
Interestingly, you cannot be arrested for wet reckless driving. The officer can only arrest you if she believes you were operating a vehicle under the influence and, thus, qualify for a standard DUI. Likewise, the prosecutor can file charges only if they believe there was sufficient evidence to support a DUI charge, so wet reckless cannot be the initial criminal charge.
Wet Reckless Vs DUI — Key Differences
Wet reckless charges are very similar to those for driving under the influence, but there are some crucial differences. Here’s how the two charges differ:
| Penalties | Wet Reckless: 23103.5 (VC) | DUI: 23152 (VC) |
|---|---|---|
| Jail Time | Up to 90 days, but rare | Up to 6 months, but rare if probation is given |
| Probation | 1 year | 3 years |
| Court-Ordered License Suspension | None | 6 months |
| DUI Class Length | 12 hours | 3 months |
| Ignition Interlock Device (IID) Required | No, but can end a driver’s license suspension | No, but can end a driver’s license suspension |
| Counts as a Prior for Future DUIs | Yes | Yes |
Benefits of a Wet Reckless Plea Bargain
There are many pros to securing a wet reckless charge over a drunk driving charge, including:
- A shorter maximum jail term (90 days rather than 6 months)
- A shorter probation period (1 year rather than 3)
- Reduced fines
- No IID requirement
- No court-ordered license suspension —though the DMV will still implement one if the BAC result was 0.08% or above
Drawbacks and Hidden Consequences
The most significant con when it comes to wet reckless plea bargains in California is that, though they are a reduced charge with lesser penalties, they are still DUI charges. This distinction is important because it means the charge counts as a prior if you are accused of driving under the influence in the next ten years. Additionally:
- The DMV may still institute a license suspension if your BAC was above 0.08%.
- If your license is suspended, you’ll need SR-22 insurance to reinstate it.
- You may need to attend a 3-month DUI class to obtain a restricted license.
When Can a DUI Be Reduced to a Wet Reckless?
Wet reckless charges are typically applied in cases where a driver had a BAC of 0.07% or lower, or where there were significant issues with the chemical test, so the case is based primarily on the officer’s observations. The charge must typically also be free from aggravating factors, such as car accidents or prior DUI convictions.
For this reason, many strong driving under the influence defenses do not help people fully beat the charges, but instead question the breath or blood test results, as this lays the groundwork for wet reckless pleas.
Wet Reckless and Your Driver’s License
While a wet reckless conviction will not result in a mandatory license suspension by the court, the DMV may still suspend your license if your BAC was 0.08% or above. You can challenge this suspension if you filed a request for a hearing within 10 days of the date of your arrest. Keep in mind that most people do not know their charges will be reduced to wet reckless at this point, so it is always wise to request a DMV hearing.
Dry Reckless vs Wet Reckless
In some cases, those accused of drunk driving may be eligible to plead down to a “dry reckless,” which is a standard reckless driving charge under 23103 (VC)3. Eligibility for this plea usually requires a very low BAC, minimal evidence of impairment, and no aggravating circumstances. When available, this plea offers benefits beyond wet reckless because:
- Your license will not be suspended.
- Your probation will be shorter.
- The offense will not count as a prior DUI.
- You can avoid DUI classes.
When a Wet Reckless Isn’t Worth It
“Not everyone is eligible for a wet reckless plea,” explains Liss. “Eligibility usually depends on having basic misdemeanor DUI charges and limited evidence, such as a lower BAC and no aggravating factors.” On the other hand, if the prosecution’s case is particularly weak and there is minimal evidence of guilt, pursuing a full dismissal of the charges may be the better option.
How a Vista DUI Lawyer Can Help
Negotiating a DUI down to a wet reckless often requires identifying weaknesses in the prosecution’s evidence. Vista defense attorney Peter Liss has over 40 years of experience doing exactly this. He secures the best possible outcomes for his DUI clients through his detailed knowledge of the most effective DUI defense strategies.
If you are charged with a DUI in San Diego County, Peter Liss may be able to help you get the charge reduced to a dry or wet reckless. Please contact attorney Liss at (760) 643-4050 to schedule a free consultation to discuss your case.
FAQs About Wet Reckless Charges
Is a Wet Reckless Better Than a DUI?
Yes, this plea bargain option carries fewer penalties than standard DUI charges, including less jail time and no court-ordered license suspension.
Does a Wet Reckless Affect My Insurance?
Yes. If your license is suspended, you will need to get SR-22 high-risk insurance to reinstate your license. However, even without a license suspension, most insurers will view this offense as a serious alcohol-related driving offense and will increase their rates accordingly.
Can a Wet Reckless be Expunged?
Yes. However, a wet reckless expungement on your criminal record will not remove the offense from your DUI record. It will continue to be used as a prior for DUI sentencing for the next ten years and will likely affect your insurance rates throughout that time period as well.
How Long Does a Wet Reckless Stay on My Record?
A wet reckless will stay on your criminal record unless it is expunged. Even after a wet reckless is removed from your criminal record, though, it will continue to appear on your DMV record for ten years.
Legal References
- Vehicle Code 23103.5 (VC) (California Legislative Information) ↩︎
- Vehicle Code 23152 (VC) (California Legislative Information) ↩︎
- Vehicle Code 23103 (VC) (California Legislative Information) ↩︎
