“Wet Reckless” and California DUI Cases

Just because you were arrested for a DUI (VC 23152(a), VC 23152(b)) does not necessarily mean you will be convicted of that charge.

With an experienced attorney in your corner, and depending on the facts of your case, your DUI charge may be reduced to what is commonly referred to as a “Wet Reckless.” What is a wet reckless? A California “wet reckless” (VC 23103, per VC 23103.5) is generally the first level of DUI reduction that will be offered. The “wet” in a wet reckless merely implies that you were involved in a reckless driving offense wherein alcohol or drugs were involved.

A “wet reckless” may be offered, or your attorney may successfully negotiate for this reduced plea, in cases where your BAC is close to 0.08% or there is a weakness in the prosecution’s case and the District Attorney would rather get some conviction rather than losing at trial.

While there are some definite advantages to a wet reckless there are also some disadvantages.

ADVANTAGES

Shorter County Jail Sentences

Conviction of a DUI in California under VC 23152(a), VC 23152(b) carries a maximum jail sentence of six months, and up to a year for a second or third offense within a ten (10) year period. A conviction of a wet reckless under VC 23103, per VC 23103.5 has a 90-day limitation.

This is an important distinction in the event of a violation of probation. If, during the period of your probation, you are convicted of a new offense, the judge could impose a probation violation and sentence you to jail time. However, you cannot be placed in custody for a period greater than the maximum sentence of the offense for which you were convicted and probation was granted. 

Reduced Fines

The maximum fine for both a “wet reckless” (VC 23103, per VC 23103.5) and DUI (VC 23152(a), VC 23152(b)) is $1,000. However, this does not include the penalties and assessments added to the base fines and your fines could easily exceed $3,000.

The fines imposed for “wet reckless” convictions are generally half or less of what you would pay if convicted of a DUI pursuant to (VC 23152(a), VC 23152(b)).

Shorter DUI School

Typically a “wet reckless” conviction will include only a six-week alcohol education program. If you are convicted of a DUI you could receive a three-month, six-month or nine-month, depending on your BAC, alcohol education program. However, if you receive another “wet reckless” or DUI conviction within ten years of your first conviction you will be required to attend a nine-month program. A conviction of a second or a third DUI within ten years of your “wet reckless” conviction will result in an 18 month or 30 month program.

No Mandatory Sentencing Enhancements for Repeat Offenders

For every DUI conviction in California there is a ten year “look back” period. What this means is that the court will look at your record as far back as ten years to see if there are any other DUI convictions, even in other states in some circumstances, and if any they will affect your current charges and sentence.

For example a conviction of a 2nd DUI within the ten year period will result in a mandatory minimum sentence of 96 hours in jail. A conviction of a 3rd DUI within the ten year period will result in a mandatory minimum sentence of 120 days in jail. These are just minimum sentencing guidelines and many counties take a much tougher stance on DUI offenders and impose much greater sentences.

However a “wet reckless” carries no such minimum sentencing and no mandatory jail time.

Shorter Probation Period

Conviction of a DUI will generally include a probationary period of three to five years. The probation period  for a “wet reckless” generally is only for one or two years. This is important because when you are on probation this can often show up on a prospective employer’s background check.

DISADVANTAGES

You May Still Lose Your License

Although a “wet reckless” conviction does not trigger an automatic license suspension, the DMV will still impose one if your BAC was 0.08% or higher, and you lose your DMV Administrative Hearing. In fact, you can have your case entirely dismissed by the court and the DMV can still suspend your license.

Wet Reckless Convictions Count as Prior Offenses

If you get arrested for a DUI within ten years of your “wet reckless” conviction, the “wet reckless” conviction will count as a prior DUI and you may be charged with a 2nd DUI face harsher sentences and fines.

Your Insurance Company May Still Treat it as a DUI

Your insurance company may treat the “wet reckless” conviction as a DUI for purposes of cancelling your policy or raising your premiums.

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In every case you are best served by hiring an experienced DUI attorney to assist you. Only an experienced attorney with knowledge of California’s complex DUI laws can obtain the best results for you when you are charged with a DUI.

Contact theEWING LAW GROUP today for a FREE CONSULTATION.