Prosecutors mainly use a wet reckless to reduce a misdemeanor DUI charge after a successful plea bargain. It simply means that a motorist was driving recklessly, but with a note in their criminal record that drugs or alcohol were involved. Typically, it is a less severe offense than misdemeanor DUI, which is why it is a perfect plea deal for anyone who wants to avoid the harsh penalties of a DUI. However, it also has penalties under the law and will appear in your criminal record. A wet reckless is a priorable offense, meaning it can increase penalties for any future DUI or wet reckless convictions.
At San Diego DUI Attorney, we recommend careful consideration when entering a plea deal with the prosecutor. If the evidence against you is strong, accepting a plea deal could help you avoid the harsher penalties of a full DUI conviction. We can help you understand how this plea deal works, its benefits, and possible penalties if you accept. We can also negotiate further with the prosecutor for a favorable outcome after the plea deal.
Difference Between Wet Reckless and DUI
A wet reckless charge is a plea deal offered by prosecutors mainly to drivers facing misdemeanor DUI charges. If you were driving under the influence of drugs or alcohol or with a higher than standard BAC and are facing a possible conviction under VC 23152, you can benefit from a plea deal. Plea deals let you plead guilty to a less severe charge instead of going through the uncertainty of a trial. Accepting a plea deal is also a chance to avoid the stress of undergoing a trial and sentencing. A plea deal also speeds up the legal process, allowing you to begin and complete your sentence more quickly.
A DUI is a severely punished crime under California law. If the police suspect you of driving while intoxicated, they will investigate you for DUI before the prosecutor files charges against you. If you are speeding or driving erratically, and this arouses the police’s suspicion, the prosecutor will first file DUI charges under VC 23152(a) for driving while impaired. If a chemical test determines that you were driving with a BAC of 0.08% or higher for an ordinary driver or 0.04% or higher for a commercial driver, the prosecutor will also file DUI charges under VC 23152(b) for violating the DUI per se law.
The prosecutor can file DUI charges even if your BAC was lower than the required standard as long as there is proof that your driving was impaired by alcohol or drugs. Impaired driving means that your physical and mental capacities were impaired by drugs or alcohol such that you could not drive safely like a rational person would. The police will use such proof as erratic driving or speeding to prove that your driving was impaired. If you took field sobriety tests and you failed, the results can also be used against you.
Prosecutors file DUIs as misdemeanors or felonies, depending on the individual’s case details. A first, second, or third DUI is generally a misdemeanor offense. Possible penalties for a misdemeanor DUI include jail time, misdemeanor probation, driver’s license suspension, court fines, penalty assessment fees, and mandatory DUI school in a court-recommended program. Although most misdemeanor convictions result in probation instead of jail time, you still spend about three to five years on probation. The court also sets strict probation conditions by which you must abide. In addition to other probation requirements like community service, you must register for and complete a DUI program within the recommended time.
A wet reckless is a more lenient charge than misdemeanor DUIs for several reasons. It is a reduced charge and not a separate offense under the law for which you can face charges. The law against reckless driving is under VC 23103. Prosecutors use the term “wet reckless” to refer to reckless driving that involves alcohol or drugs.
Plea bargains are very common under the California justice system. However, prosecutors choose wet reckless over other options of reduced charges because wet reckless is a priorable offense. It discourages a motorist from driving while intoxicated again because the reduced charge will still affect penalties for their subsequent DUI convictions. Here are the circumstances under which the prosecutor can offer a plea deal in a misdemeanor DUI case:
If There Are Legal Issues with Your Arrest
Typically, a prosecutor will offer a plea deal if they are uncertain of the outcome of your case. This could be because they do not have overwhelming evidence against you, or you have a stronger defense against your charges. If you have legal issues with your arrest and have a skilled defense attorney, your attorney will use those issues to cause the court to dismiss your charges.
For example, if the police did not have probable cause for your arrest or violated your rights during the arrest, you can easily fight your arrest and obtain a case dismissal. In this case, a prosecutor can offer a plea deal because they are unsure of the case’s outcome. You can accept the deal if you want to avoid a lengthy trial or fear the result will be unfavorable.
If the Chemical Test for your BAC is Unreliable
Delays in collecting or storing your breath or blood sample could compromise its integrity, making the BAC results unreliable. Knowing this, the prosecutor can offer a plea deal because they fear their evidence could be too weak to obtain a conviction.
If You Have a Strong Defense Against The Prosecutor’s Evidence
If the prosecutor suspects that you will fight the only solid evidence they have against you, they could use a plea deal to ensure you somehow pay for your unlawful actions. For example, if they are only relying on your high BAC results to obtain a conviction, there are many strategies you can use to convince the court to dismiss the results. For example, if an untrained officer administered the chemical test or the testing device was faulty, poorly maintained, or not well calibrated, the results will be inadmissible.
Your skilled attorney can also argue that your test results are untrue because of rising blood alcohol. This happens a few minutes after consuming alcohol. Your BAC rises steadily after a few minutes, reaches an optimum level, and starts reducing as time goes on.
If Your BAC Was Close to the Legal Standard
The DUI per se law prohibits ordinary motorists from operating a vehicle with a BAC of 0.08% or higher. The level allowed for commercial drivers and taxi operators is 0.04%. Your DUI charges are more severe if the level is extremely high than if it is close to the allowed level. For example, if your BAC is 0.08%, the prosecutor can easily agree to a plea deal, unlike if the level is higher.
When filing DUI cases, prosecutors want to bring a strong case to the court to obtain a conviction. If your case is not strong, and there is a possibility that the court will rule in your favor, the prosecutor can choose a plea deal just to ensure you serve a sentence for your actions, even though it is for a less severe offense.
The Differences Between a Wet Reckless and a Dry Reckless Charge
Dry reckless or reckless driving occurs when a driver willfully and with wanton disregard of human safety operates a vehicle. The crime is covered under VC 23103. Reckless driving can be dry or wet, depending on the circumstances of a case. Prosecutors use the term ‘wet reckless’ in cases that involve alcohol or drugs. A dry reckless charge is also a severe crime, but it does not indicate that your actions were influenced by alcohol or drugs.
Reckless driving is a misdemeanor offense, punishable by up to 90 days in jail and $1,000 in court fines. It is not a priorable offense, like DUI and wet reckless. A dry reckless conviction on your record does not affect your subsequent convictions and penalties.
In DUI cases, prosecutors use wet reckless in plea bargains because DUI involves driving under the influence of alcohol or drugs. A DUI cannot typically be reduced to a dry reckless unless there’s evidence that alcohol or drugs were not involved in your driving behavior.
If the consequences of a misdemeanor DUI will be severe, you can accept a plea deal from the prosecutor for a more reasonable conviction and penalties. In most cases, prosecutors propose plea deals to defendants through their attorneys. Your attorney can also suggest a plea deal if they feel it will result in a more favorable outcome. However, the court must be notified in time, and the judge must approve it for the plea deal to work. Once the court approves the deal, the judge will hold a hearing whereby you will plead guilty to wet reckless. The court will dismiss your DUI charge and send a notice to the DMV regarding the case’s outcome.
Before accepting the deal, your attorney must determine if it is in your best interest. If you have a prior wet reckless conviction, you will likely face a harsher penalty by accepting another plea deal.
The Benefits of Taking The Plea Deal
Having a DUI reduced to a wet reckless charge can be beneficial in many ways, including the following:
A Shorter Jail Sentence
A misdemeanor is generally punished by a jail sentence of not more than one year. One year is far too long to remain in jail, especially if you have a job, a business to run, school to attend, or family to care for. There is a lot at stake in this case, so you should accept a deal that offers a less severe sentence, including a shorter jail sentence. Since a wet reckless charge is less severe than a misdemeanor DUI, the sentence is usually shorter (generally not more than 90 days).
Additionally, since a wet reckless charge is less severe, the judge will likely sentence you to probation instead of jail. Then, you can use your time to attend to important things. However, remember that probation is not always easy, since it is longer (from three to five years) and comes with strict probation conditions.
A Shorter Compulsory Sentence for Prior DUIs
You could be subject to a compulsory jail sentence if there are prior DUIs on your record. However, the mandatory sentences for prior DUIs are usually longer than what you will likely receive for a wet reckless conviction. Remember that a prior wet reckless conviction has the same impact as a DUI when determining the severity of a current DUI. Here is how prior DUIs and wet reckless convictions affect current DUIs in California:
- A second DUI conviction within 10 years of a prior DUI or wet reckless typically results in a mandatory jail sentence of at least 90 days.
- If you have two prior DUI or wet reckless convictions, the judge can sentence you to at least 120 days of compulsory jail time for a third DUI.
Prior convictions are treated differently when determining your compulsory jail sentence for a current wet reckless. A minimum sentence of five days in jail applies in most cases, regardless of how many DUI or wet reckless DUI convictions you have on your record.
Shorter and More Reasonable Probation
Judges use probation for most non-violent misdemeanors in California. Although you serve your sentence outside of jail, the court sets strict probation conditions by which you must abide throughout probation. A misdemeanor DUI will likely result in misdemeanor probation, which could last for between three and five years. Your exact probation time will depend on the details of your case and the judge’s discretion.
Probation sentences for lenient misdemeanors like wet reckless are usually shorter (one to two years) and less strict. Once you serve your time, you are allowed to file for expungement to eliminate some of the negative disabilities and consequences of the conviction.
Less Court Fine
A less severe misdemeanor charge, like wet reckless, will result in a lower court fine than a misdemeanor DUI. The court fine for a DUI is a maximum of $3,000, together with penalty assessment charges, while a wet reckless has a maximum fine of $1,000. Remember that paying your court fine is one of the requirements of expungement. A lower fine will be easier to pay than a more expensive one.
No Mandatory Driver’s License Suspension
A driver’s license suspension is one of the likely outcomes of a DUI conviction. When you are arrested for drunk driving, the police confiscate your driver’s license. They give you an interim license valid for 30 days, which you can use before the suspension goes into effect. A DUI conviction has a license suspension as one of its penalties. The DMV also imposes license suspension on drivers suspected of driving under the influence. Thus, losing your driving privileges, whether temporarily or permanently, is a likelihood when you face DUI charges.
Reducing your DUI charge to wet reckless is one way to avoid facing a compulsory driver’s license suspension by the DMV and court. A first DUI offender loses their driving privilege for at least six months, and two years for a second DUI. A third DUI, also a misdemeanor, can result in suspension of your license for three years. You can apply for a restricted license in some circumstances to drive to school, work, or DUI school. However, this option is usually unavailable unless you install an IID system in all your vehicles at your cost.
Judges and the DMV treat a wet reckless charge differently. The DMV or court does not automatically suspend your driver’s license after accepting a wet reckless plea deal. If an automatic license suspension has already been imposed, the DMV will lift it. However, you could be required to have an IID to ensure you do not operate a vehicle while intoxicated. The DMV can require you to have the system in your car for three to six months.
The DMV automatically suspends your license immediately after your arrest for a DUI. If the court reduces your DUI to wet reckless, the DMV does not automatically reinstate your license. You should request a hearing with the DMV within 10 days of the arrest to fight the automatic suspension of your license. Prepare well for the hearing to increase your chances of winning.
The DMV can lift the suspension if you win in the hearing. If you fail and the suspension continues, the DMV can let you have an IID system in your vehicle to reinstate your license. You must keep an IID system in all your vehicles for at least four months for a first DUI arrest or one year for a second or subsequent DUI. A DUI arrest will also earn your driving record two points. An accumulation of these points can lead to being designated a habitual traffic offender, which can lead to the suspension or revocation of your license.
Less Time in DUI School
A misdemeanor DUI conviction results in mandatory DUI school for a particular time, according to the details of your case. A first DUI can lead to a three-month compulsory program in a court-approved DUI school. Although a wet reckless conviction also results in a mandatory DUI program, the time is usually less (six weeks). A previous DUI or wet reckless conviction can increase that to nine months, which is still less than you will receive for a subsequent DUI conviction (18 to 30 months).
In addition to requiring additional time and dedication on your part to complete a DUI program, you must also pay for the DUI program. Therefore, a wet reckless conviction can save you time and money.
Less Impact on Professional License
You can also accept a plea deal for wet reckless to reduce the impact of a misdemeanor DUI conviction on a professional license. DUI is one of the offenses that affect your professional license in California. It can result in a suspended license or make it difficult to obtain, renew, or renew it. You should consider this effect when facing misdemeanor DUI charges. If a misdemeanor DUI conviction will likely affect your license, you should consider accepting a plea deal from the prosecutor to minimize this impact.
A conviction for a DUI can cause your licensing provider to hold a hearing to determine your suitability for the professional license. A conviction for wet reckless does not trigger such a hearing. However, a wet reckless conviction can still be reported to your licensing body and affect the results of your subsequent administrative hearings.
If you are a professional license holder, discuss these issues with your attorney before accepting the prosecutor’s plea deal.
Negative Implications of a Wet Reckless
There are negative implications of a wet reckless conviction that you should consider before accepting the prosecutor’s plea deal. They include the following:
- A conviction for wet reckless will appear in your criminal history, which is publicly available to all, including potential employers, landlords, insurance providers, and loan lenders
- It is a priorable conviction that will affect how the judge will treat your subsequent DUIs or wet reckless charges
- It leads to additional points on your driving record, which eventually affects your driving privileges
Find a Competent DUI Attorney Near Me
A DUI conviction in San Diego is life-changing, affecting various aspects of your life, including your social and professional lives. Fortunately, you can reduce a misdemeanor DUI to a wet reckless for more favorable penalties and reduced impact on your life. You need the guidance of a competent DUI attorney to decide whether to accept a prosecutor’s plea deal to a reduced charge.
At San Diego DUI Attorney, we can explain the benefits and legal implications to help you make an informed decision. We can also guide you through all court processes, whether you accept or refuse the plea deal. Our highly trained and experienced attorneys will also protect your rights and your best interests throughout all legal processes. Call us at 619-535-7150 to learn more about plea deals, wet reckless, and our services.
