“Wet reckless driving” is a lesser charge than DUI, and in some cases, a DUI charge can be reduced to a wet reckless. This is generally a good thing and a huge victory for your case as the penalties are substantially less. But wet reckless is still a serious charge. That’s why it’s important to understand what this charge means and when it’s a favorable outcome.
An experienced DUI lawyer in Los Angeles will tell you everything you need to know to make an informed decision about your case. With their knowledge of California DUI laws and experience navigating the local legal system, they can offer invaluable support throughout every stage of your case. Call the Los Angeles DUI attorney today.
“Wet Reckless” vs. Reckless Driving
Reckless driving refers to driving in a way that potentially endangers others. For example, speeding and running up onto the sidewalk or swerving out into oncoming traffic. This charge is serious because it threatens people’s lives. You do not have to be drunk to be charged with reckless driving.
“Wet reckless,” however, is a charge of reckless driving that is only leveled at people who are accused of driving drunk. In fact, you cannot be arrested for wet reckless; the only way is to be arrested for DUI and get your charge downgraded.
To contrast the two, a normal reckless driving charge is sometimes called “dry reckless,” suggesting no alcohol was involved. Wet reckless implies you were drunk (or using some kind of drug).
Having your DUI charge downgraded to wet reckless has both advantages and disadvantages. The penalties for the two are similar, although there is a difference: you can be charged with wet reckless even if you exhibited no actual dangerous behavior, like swerving. Simply being intoxicated is considered reckless on its own.
Advantages of a Wet Reckless Charge
While every case is unique and outcomes vary, understanding the potential advantages of a wet reckless charge can be crucial for individuals navigating the legal process. An experienced DUI attorney in Los Angeles will help you maximize the advantages of this type of charge.
The advantages of a wet reckless charge are huge:
- Shorter jail time: The sentence for even a first-time DUI can be up to six months in jail. Repeat DUIs can be up to a year. But the maximum jail sentence for wet reckless driving is 90 days, and often, the real sentence is far less.
- Lower fines: Even a wet reckless isn’t cheap; the maximum fine is $1,000. But that’s nothing compared to a DUI. When you add in court “assessments,” even the minimum fine for a first-time DUI is nearly twice that, and a DUI can easily cost $3,000 or more. Reckless is cheaper.
- No mandatory license suspension: Wet reckless does not carry any form of license suspension. (You still need to fight your administrative suspension in a DMV hearing, however.) This is a huge advantage over DUI, which carries a mandatory 6-month suspension for even a first-time offense and a year or more for subsequent offenses.
Wet reckless also has other advantages, such as shorter (if any) DUI school and shorter probation. But by far, the biggest advantage of a wet reckless is that there are no mandatory sentencing enhancements for repeat offenders.
In other words, if you have a prior DUI on your record and get a new DUI conviction today, the sentence will be much worse the second time than it was the first time around. However, if that second DUI charge gets dropped to a wet reckless, there is no extra penalty. The wet reckless penalties are the same even for repeat offenders.
Disadvantages of a Wet Reckless Charge
While a wet reckless charge may offer certain advantages compared to a standard DUI conviction, it’s essential to consider the potential drawbacks associated with this alternative charge. Understanding the disadvantages of a wet reckless charge will help you weigh your legal options and make informed decisions about your case.
Wet reckless does come with drawbacks. These include:
- If you’re arrested for DUI again in the future, the wet reckless will still count as a prior DUI for purposes of sentencing.
- The DMV will still automatically suspend your license because you were arrested for DUI, and you still need to fight this suspension by requesting a hearing within 10 days of your arrest.
- Your insurance company will likely increase your rates in the same way they would for a DUI.
Getting Your Charge Downgraded
A wet reckless conviction is clearly not an ideal solution. Any good DUI attorney in Los Angeles will aim for one thing: to get your charges dismissed or to win your case. However, in situations where that’s unlikely, a wet reckless conviction is a promising option.
Prosecutors don’t give out free passes, however. They will not offer to downgrade the charge against you unless they have to. Normally, that means a DUI lawyer works on your case and finds a way to pressure them.
If your lawyer can discredit the breath test evidence against you, for example, the prosecution’s case just got harder. They don’t want to risk losing altogether and have an incentive to offer you a deal.
Important Statistics About Drunk Driving Arrests
The California DMV’s report on DUI arrests by county reveals notable figures for Los Angeles County (LAC). In 2018, LAC saw 24,642 DUI arrests, followed by 23,529 in 2019 and 17,780 in 2020, indicating a declining trend in DUI incidents. This trend hints at potential shifts in factors such as law enforcement strategies or changes in DUI behavior patterns.
Additionally, the Annual Report of the California DUI Management Information System provides insight into the types of DUI arrests in 2020. Of the total arrests, 852 were classified as felony DUIs, 35 as juvenile DUIs, and 16,893 as misdemeanor DUIs. This breakdown underscores that the majority of DUI arrests in 2020 were for misdemeanor offenses.
Call the Los Angeles DUI Attorney
If you’ve been charged with DUI, you need to act fast. The sooner you get a lawyer, the more they can do to help your case. Time is of the essence in DUI cases, as crucial evidence may be time-sensitive, and deadlines for legal proceedings must be met.
By securing legal representation promptly, you give your attorney the opportunity to thoroughly review the details of your arrest, gather evidence, and develop a strong defense strategy.
We’re happy to match you with an experienced Los Angeles DUI lawyer who will give you a free, detailed consultation. Contact us to get your free consultation today.
