If a defendant has been accused of DUI, the prosecution might think about resolving the case by allowing the defendant to plead for a reduced DUI charge. It could be the case when there is a lack of evidence that the defendant's BAC was relatively low.

One of the most common lower DUI cases is " wet reckless" under California Vehicle Code Section 23103/23103.5 VC. It is crucial to know the difference between Wet Reckless and DUI and the type of penalties given to each.

What is a "Wet Reckless" Charge?

Wet reckless is an unusual charge. A prosecutor cannot charge a defendant with "wet reckless" initially. Instead, the DUI charge may become a wet reckless charge in the context of the plea agreement. 

In California Vehicle Code Section 23103 VC, reckless driving is considered a misdemeanor charge that involves unsafe driving conduct. The law involves a sentencing provision under the California Vehicle Code Section 23103.5 VC which states the presence of alcohol in the reckless driving offense, hence the phrase "wet reckless."

When are plea bargains usually offered in DUI cases?

A prosecutor is likely to reduce the severity of a DUI to a wet reckless if:

• In the case of the defendant, his BAC was less than or close to 0.08%.
• The defendant doesn't have an extensive record of drug- or alcohol-related crimes.
• There are evident weaknesses in the prosecution's argument.

Benefits of a "wet reckless" charge over a DUI are:

• No mandatory court-ordered driver's license suspension, however, the DMV can still suspend the driver's license. Even in this case, the defendant might still be able to drive after the installation of an Ignition Interlock Device (IID)
• A shorter jail sentence (5-90 days)
• Lower fines ($145-$1,000)
• Shorter probation period (typically between one and two years),
• Shorter DUI classes (typically 6 weeks),
• Not mandatory to install the California Ignition Interlock Device ("IID")
• No DUI on the criminal record of the driver

Consequences of a "wet reckless" plea 

One of the consequences of a "wet reckless" conviction is it is regarded as a "priorable" offense. 

That means that if the person is found guilty of DUI during the following 10-year period (California's DUI "lookback" period) the defendant will be classified as a repeat offender. Repeat offenders face higher penalties for a second DUI or a third-time DUI.

Other consequences that can result from the "wet reckless" are:

• Probability of being considered a DUI case by the defendant's car insurance company. It could result in increased costs or even the driver's policy cancellation.
• The DUI arrest is the reason for an "administrative per se" (APS) hearing at the DMV. Therefore, even if the original criminal charge is reduced to a wet reckless, the defendant still has to seek a request and successfully obtain an APS hearing. 
• There is an additional two points to the California DMV driver's report (or 3.5 points for violations committed in a commercial vehicle).  

Differences Between Wet Reckless and DUI

There are several fundamental distinctions between DUI convictions and wet reckless convictions. First and foremost, a wet reckless conviction is not an actual DUI and may not result in the same penalties as a DUI conviction might bring with licensing agencies or employers. The defendant can honestly claim that he or she was convicted of reckless driving, and that is the sentence that will be recorded on their criminal background check. This difference is critical.

In the case of a DUI conviction, it will result in an automatic suspension of your driver's license and requires defendants found guilty within Los Angeles County to have an Ignition Interlock Device ("IID") installed in their cars. On the contrary, a conviction for wet reckless does not result in a driver's license suspension. It is vital to note that the DMV can decide to issue an administrative license suspension, regardless of what happens in the court. For first-time DUI offenders, the suspension period is for four months. However, the driver would be qualified to get a restricted license following a 30-day suspension.

Drivers convicted of wet reckless do not require an IID installed in their cars. However, wet reckless convictions could result in two points being added to the defendant's driving record. Motorists could lose their "good driver" discount which could result in insurance rates going up. Furthermore, the penalties and the maximum sentence for wet reckless are lower. The maximum jail time for wet reckless conviction is 90 days, whereas first-time DUI offenders can be sentenced to six months in prison.

Should a "wet reckless" plea deal be accepted?

Whether "wet reckless" is advisable depends on the situation. It will determine if the defendant was already given a DUI or wet reckless conviction on the record. California offers a 10-year "look back" period for DUI violations.
Every time someone is found guilty of a "wet" driving violation within the most recent ten-year period, punishments for the new offense rise. It is why wet reckless is considered a "priorable" offense.

Wet Reckless and Enhanceability of Future Offenses

Contrary to less severe DUI charges like "dry reckless" or exhibition of speed, wet reckless charges are distinct. They are counted as " prior DUI offenses" when an accused is charged with a second DUI offense and could be used to enhance penalties. 

The prosecutor may use previous DUI convictions as penalty enhancements for new charges incurred in the past 10 years. For charging purposes, wet reckless convictions in the context of California Vehicle Code Section 23103/23103.5 VC could be considered "prior convictions" and can lead to mandatory prison sentences and other enhanced penalties. 

If you are arrested at a DUI checkpoint in California, do not think that you will be able to work out a deal with law enforcement or the DA by yourself. That is definitely not the case. You will need an attorney. If you decide to represent yourself you could be giving up your right to a wet reckless charge which is an offer made to someone with no priors, no accidents, and thinks that they might be innocent. A skilled, knowledgeable lawyer can help put together a top-notch defense to help you.