If you are accused of DUI and the case against you is strong, one approach your lawyer may take is to try to get the charge reduced to a less serious offense known as wet reckless. “Wet reckless” is a nickname often used for reckless driving involving alcohol or drugs. Although it is similar to a DUI offense, it has much less serious penalties.
A Los Angeles DUI lawyer with in-depth knowledge of wet reckless plea bargains and lesser DUI charges under California law can provide the information you need to get your charges reduced. With an attorney’s help, you’ll have an excellent chance of avoiding the severe consequences associated with a DUI conviction.
How Does a “Wet Reckless” Lesser DUI Plea Bargain Charge Work Under California Law?
Wet reckless is charged under California Vehicle Code 23103.5. It is not an offense you can be charged with at arrest, as it is only used when the prosecution agrees to reduce a DUI charge. As such, it is a type of plea bargain. Plea bargains are deals where you agree to a less serious offense than the one you were originally charged with.
In most cases, wet reckless charges work just like reckless driving charges, which are undeniably a “better” or less serious charge than DUI. That’s because the fines are less costly, the probation period is shorter, and the jail sentences are short or, sometimes, non-existent. In addition, you may even be able to keep your driver’s license.
However, it’s important to understand that a wet reckless is still a misdemeanor crime and will appear on your record as such. It does come with downsides, including fines and probation. Most importantly, it will still count as a DUI on your record. That means if you are ever arrested for drunk driving again in the future, you will be treated as a repeat offender.
The best outcome in any DUI case is to beat the charge altogether. When that isn’t possible, however, a wet reckless plea is often the second best option. A skilled lawyer can use their knowledge of California law to get a wet reckless plea bargain and lesser DUI charge on your behalf.
What Are the Penalties for a Wet Reckless Charge Under California Law?
As mentioned earlier, the consequences associated with a wet reckless charge are considered much milder than those of a DUI. If your attorney is able to get a wet reckless plea bargain deal for a lesser DUI charge, you’ll face the following penalties under California law:
- 2 years or less probation
- Fines up to $1,000
- 12 hours of traffic school
- No mandatory jail sentence
- No mandatory license suspension
DUIs can result in three to five years probation, thousands of dollars in fines, months or even years of traffic classes, months to years in jail, and license suspension. When compared to wet reckless penalties, it’s clear that DUI consequences are much more severe.
The bottom line is that a wet reckless charge costs you less money, impacts your life less, and often allows you to return to a normal life right away. That said, to plea bargain your DUI charge to a lesser wet reckless charge, you’ll need a solid understanding of California law. Luckily, an attorney can draw on their experience to negotiate a plea deal that works for you.
Who Is Most Likely to Get a Wet Reckless Plea Deal?
Like all plea bargains for lesser charges, you can only get a wet reckless deal if the prosecutor agrees to it. That means your lawyer will have to negotiate with them and argue that you deserve a reduced charge. Prosecutors have to have a reason to offer a deal otherwise they will just push for a full DUI conviction in court.
That said, prosecutors are usually very busy and only want to pursue winning cases. If you can show the prosecutor that it would be hard to convict you or that it isn’t worth their time, there’s a good chance that you’ll get a wet reckless plea deal.
In general, you are most likely to get a wet reckless offer if you have a DUI lawyer and at least one of the following statements is true:
- This is your first time being arrested for DUI
- Your last DUI arrest was more than 10 years ago
- Your blood alcohol content (BAC) was close to the legal limit or not much higher than .08%
- You were not given a chemical test, so your BAC is unknown
- Your lawyer has successfully gotten some of the evidence against you suppressed
- The evidence against you is shaky and might not hold up in court
Can I Still Get a Wet Reckless Plea Bargain if I Have Previous DUIs?
Your chance of getting a wet reckless deal is much lower if you have a previous DUI on your record, but it isn’t entirely impossible. In most cases, repeat DUI offenders will only get a wet reckless if they have a DUI lawyer and the case against them is weak.
A skilled lawyer can review your DUI history and determine if plea bargaining for a lesser wet reckless charge is in your best interests. If they find that seeking a plea deal is your best course of action, they’ll use their in-depth knowledge of California law to get your charges reduced.
Importance of Hiring a Lawyer After a DUI
Prosecutors know that DUI defendants who choose to represent themselves are unlikely to win at trial. Most defendants don’t have the training to suppress evidence, question breathalyzer results, or take any other steps that would help strengthen their case. As a result, defendants without lawyers get “plea bargains” that often aren’t bargains at all.
A DUI lawyer can tell you if your case is likely to qualify for a wet reckless plea deal. Then, they can investigate the evidence against you and find its weaknesses. Once they have built a case, they will have the leverage they need to demand a deal from the prosecutor.
Additional Actions a DUI Lawyer Can Take On Your Behalf
In addition to helping you understand wet reckless plea bargains and lesser DUI charges under California law, there are a number of actions a DUI defense lawyer can take to help your case. Here’s what a skilled attorney can do to help you avoid the consequences that come with a traditional DUI conviction:
- Collect evidence like BAC test results, witness testimonies, footage of the incident, police reports, and more
- Analyze evidence and use it to build a strong DUI defense case
- Negotiate with prosecutors for reduced charges, like wet reckless
- Represent you in DMV hearings and protect your driver’s license
- Make compelling legal arguments in court
- Present convincing evidence to the jury and work hard to sway the court in your favor
- Provide legal guidance and answer any questions you have during your case
As you can see, there are many steps that a DUI lawyer can take to ensure you get the best results possible from your case. Whether it’s your first DUI or if you’ve committed similar offenses in the past, you can count on your attorney to do everything they can to protect your freedom and permanent record after a DUI arrest.
Hire California DUI Lawyer to Get Lesser DUI Charges From a Wet Reckless Plea Bargain
Getting arrested for impaired driving can be a stressful experience, especially if you’re facing serious charges for your offense. Fortunately, a Los Angeles DUI lawyer can offer the guidance and representation you need to avoid serious penalties.
Contact us today to schedule a free consultation and learn more about your rights and legal options. We’ll explain the process involved with getting a wet reckless plea bargain and a lesser DUI charge under California law. We look forward to hearing from you soon and providing the knowledge you need to win your case.