Were you arrested or ticketed for a DUI offense and worried about the impact on your job, insurance, finances, and reputation? Scared you won't be able to avoid jail time or pay thousands of dollars in fines?
There is hope. We can fight against criminal charges and negotiate with the court to reduce your charge.
Our Los Angeles wet reckless lawyer at Hurwitz Law Group has helped many people reduce their DUI to a wet reckless charge. Let us help you escape the consequences of a DUI conviction to keep your license, lower your fines, and avoid jail time.
We can help secure a wet reckless for your case. Your ticket is a serious offense. Even if you have no previous offenses, the police department will treat you as a dangerous criminal. A criminal lawyer from an experienced firm will be necessary to fight for justice and minimize the consequences of this legal trouble.
Contact our Los Angeles office at (323) 274-1916 for a free, confidential consultation.
A wet reckless is not something that can get you arrested. Wet reckless is a plea bargain for people charged with driving under the influence as defined by Vehicle Code 23152(a) or drunk driving with a BAC of 0.08% or higher as defined by VC 23152. (b). When you get arrested, a prosecutor will examine the following:
If the prosecutor believes the offense was relatively minor or lacks the necessary evidence to convict you, they may offer you a wet reckless plea bargain.
In most cases, a wet reckless will be granted if your BAC was close to the legal limit of 0.08%, you did not exhibit signs of extreme intoxication, you had a good attitude, and no one was injured. A wet reckless can be applied to DUI cases involving drug or alcohol intoxication.
A wet reckless is a dry reckless with a notation that alcohol or drugs were involved. Under Section 23103.5 of the California Vehicle Code, the prosecution must state if the facts indicate "there was consumption of an alcoholic beverage or ingestion or administration of a controlled substance in connection with the offense."
You are therefore charged with a reckless driving offense with a notation that drugs or alcohol may have been involved. A reckless driving conviction is typically less severe than a DUI conviction.
There are several critical distinctions between DUI convictions and wet reckless convictions. First and foremost, a wet reckless conviction is not a DUI and may not result in the same consequences with employers or licensing agencies as a DUI conviction. The defendant can truthfully state that he got convicted of reckless driving and that this conviction will appear on his criminal background check. This distinction is frequently critical.
Unlike a DUI conviction, which will result in an automatic driver's license suspension and installing an Ignition Interlock Device (IID) in the defendant's vehicle, a wet reckless conviction will not result in a driver's license suspension.
It is important to remember that regardless of what happens in court, the DMV may still issue an administrative driver's license suspension. The suspension period for a first-time DUI offender is four months, but the driver is eligible for a restricted license after a 30-day rigid suspension.
Los Angeles drivers convicted of wet reckless would not be required to install an IID in their vehicles. On the other hand, wet reckless convictions will add two points to the defendant's driving record.
It may result in drivers losing their "good driver" discount and raising their insurance rates. Furthermore, the fines for wet reckless are typically lower than the maximum jail sentence.
A wet reckless conviction carries a maximum jail sentence of 90 days, whereas a first-time DUI offender faces up to six months in jail.
The critical distinction between wet and dry reckless driving is whether or not there will be a notation of drunk or drugged driving at the time of the offense. A wet reckless sentence will result in a notation on your criminal record, whereas a dry reckless conviction will result in no notation on your criminal record.
Another VC 23103 reckless driving name from a DUI plea deal is dry reckless. The lack of a notation in your criminal record for this sentence indicates that you were not necessarily driving recklessly.
Furthermore, wet reckless is priorable, but dry reckless is not. Even if sentenced to dry reckless, additional sentences will not enhance the sentence. However, you will face severe penalties if convicted of a wet reckless and obtain another within the look-back period.
A wet reckless plea deal is an excellent option for offenders of the law because it has many appealing benefits. Some of the benefits of a plead guilty to a wet and reckless are:
After receiving a wet reckless sentence, the judge will not suspend or revoke your driving privileges. In contrast to a DUI conviction, for which a first-time offender's license will be suspended for at least six months.
The minimum license suspension period for a second-time DUI offender is 24 months, while a third offense within the look-back period results in a suspension of at least 36 months.
There are DUI sentences that can result in a one-year license suspension. You are not eligible for a restricted license during this suspension, so you must rely on family and friends to transport you to work or alcohol education programs.
Refusal to submit to a chemical test or underage drinking and driving can result in a hard suspension of your driver's license. These aggravating circumstances will not result in a license suspension for wet reckless driving. Instead, the judge will only order an IID installed in your vehicle.
However, even if you avoid the court-ordered mandatory license suspension, the DMV will suspend your driving privileges after thirty days if you fail to request a hearing within ten days of your arrest. We recommend that you request a hearing to protect your driving privileges until the administrative hearing has concluded.
If convicted of wet reckless, the maximum sentence is three months (90 days) in jail. Compared to the standard DUI sentence of six months (180 days), the punishment for wet reckless is far less severe.
The distinction between these sentences will be more apparent for offenders sentenced to probation rather than jail time. Remember that in California, violating probation can result in a maximum jail sentence.
For example, a person sentenced to probation for wet reckless will only serve 90 days for violating probation conditions. In contrast, a person convicted of standard DUI will face up to 180 days in jail, double the sentence for wet reckless.
The jail sentence for a wet reckless is substantially shorter than that of a DUI. The difference is more notable with at least a drinking and driving or prior wet reckless conviction. As a repeat offender, you will face a compulsory minimum sentence of five days when you gain a subsequent conviction for a wet reckless offense. The sentence will remain the same regardless of your priors with the look-back duration.
The compulsory minimum jail sentence for a DUI repeat offender is at least 90 days for a second offense and no less than 120 days for a third-time offender. When you compare the two sentences for repeat lawbreakers, the jail sentence for a wet reckless is shorter.
Probation lasts one to two years for wet reckless convictions. A DUI conviction typically entails three to five years of probation. The probation's requirements include:
Wet reckless convictions result in lower court fines ranging from $145 to $1,000. On the other hand, a DUI conviction is punishable by court fines ranging from $1,000 to $3,000. As a result, by pleading guilty to a DUI reduced charge, you pay a fraction of what a person convicted of a DUI would pay.
A first-time wet reckless offender must attend a DUI school for six weeks. The period is shorter than DUI convicts who attend DUI school for 18-30 months. However, it is essential to note that multiple wet reckless convictions can extend the DUI School period to 9 months.
Installation of IID under wet reckless is left to the court's discretion, which means it is not mandatory even for multiple offenders. Not installing an IID prevents embarrassment and the costs associated with calibration every two months. Repeat DUI offenders must have an IID installed in their vehicles.
Your commercial driver's license (CDL) may get suspended if you get convicted of DUI. Unlike a DUI, a wet reckless will not result in a license suspension. Instead, you'll get two points on your DMV record.
Wet reckless has drawbacks as well. The disadvantages are as follows:
According to PEN 23109, it is illegal to accelerate at an unsafe or dangerous speed that could cause you to lose control of the vehicle, thereby endangering yourself and other motorists.
Another law requirement is to accelerate while under alcohol or a controlled substance. The crucial factor is excessive acceleration. You will be convicted of a traffic violation even if you do not exceed the posted speed limit. The following are the pertinent details of the offense:
You can plea guilty to speed exhibition when charged with DUI because the associated penalties are less severe. A speed exhibition plea agreement will benefit you by reducing your fines to $500, your probation to 24 months, and your jail time. Moreover, unlike DUI, the offense is not a priorable offense.
You will violate California Penal Code 624 (f) if you endanger the safety of others and their property due to excessive intoxication. If, while intoxicated, you fail to exercise caution or prevent others from exercising their public rights, you will violate this law. To establish guilt on a charge of public intoxication, the prosecution must prove the following elements:
To defend against charges of public intoxication, the defendant may assert the following legal defenses:
This conviction carries a maximum $1000 fine, informal probation, and up to six months in county jail. The minimum sentence for repeat offenders is 90 days in county jail or two months in an alcohol treatment program.
Dry reckless, also known as reckless driving under VC 23103, is a misdemeanor resulting from a DUI plea bargain. If you disregard the safety of other road users and property, you will receive this reduced sentence. The prosecutor makes this offer when insufficient evidence exists or if the arresting officer violated Title 17 of the California Code of Regulations when administering the chemical or breath test.
Title 17 exists to ensure the accuracy and reliability of test results. If any provided regulations get violated, the results are unreliable and must be discarded. If this is true, the prosecutor is left with a weak case and will offer a dry, irresponsible plea bargain. The advantages of a dry reckless include:
In addition, car insurers will be less concerned about the sentence because alcohol was not involved.
Wet reckless drivers are required to comply with state regulations. These guidelines include the following:
You must adhere to these complex regulations to regain your driving privileges after a conviction for wet reckless driving.
Wet reckless is unfamiliar to most people. Many DUI resources advise pleading guilty to a wet reckless. However, this is a defense plea bargain strategy, not a charge. Thus, the offense cannot be dismissed.
You can only fight to reduce the penalties. If you get arrested for drunk driving in California, contact an experienced attorney immediately. Our professional legal team will help you understand all your options and explore your case to find the best outcome.
Our Los Angeles wet reckless lawyers at Hurwitz Law Group are known for their experience handling drunk driving cases and helping people through this difficult time. It will include negotiating down DUI charges to a wet reckless.
We take a personal approach to DUI cases. Arrange a free, confidential consultation with an experienced attorney today by calling (323) 274-1916. We will fight hard for you and get the results you deserve!
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