A wet reckless plea bargain can affect your employment in California. The charge will appear on your criminal record if you accept a plea deal from the prosecution after an arrest for driving under the influence (DUI).
Prospective employers and your current employer can see your record. In some cases, this record could influence their hiring decisions. Additionally, getting a wet reckless charge could result in losing some professional licenses, impacting your employment.
A Los Angeles DUI lawyer can provide more information about this criminal charge and your options for handling a DUI arrest.
How a Wet Reckless Can Impact Your Employment
A conviction for wet reckless driving on your record can impact your employment prospects in one of two ways.
A Conviction May Result in the Loss of Your Current Job
Your current employer may discover a wet reckless conviction on your criminal record as part of a routine background check. If your employer chooses to, they may terminate your employment upon discovering the conviction.
Even if the arrest happened while you were off, your employer isn’t illegally discriminating against you for firing you.
A New Employer May Choose Not to Hire You
Under California’s Fair Chance Act, employers can no longer ask about your criminal record during the application process. Instead, employers may inquire about criminal convictions only upon issuing you a conditional offer for employment.
They can do so by asking you directly or running a criminal background check, though they require your permission. Employers cannot use any crimes expunged from your record against you in the hiring process.
Under this new law, the employer can rescind the job offer if they discover the wet reckless conviction. They must give you an explanation in writing for their decision and allow you to respond. So, a wet reckless does affect employment in some cases.
Can You Explain Your Wet Reckless Record?
You can explain a wet reckless deal on your record to your current employer or a potential new boss.
Your response can explain where the background check was incorrect (i.e., an expunged conviction showed on your record) or why they should still hire you despite the conviction.
You may explain that you made a mistake that led to your arrest and that you don’t intend to repeat that mistake. Providing evidence that you completed DUI school or installed an ignition interlock device (IID) on your vehicle could help with your employment prospects.
Should You Tell Your Employer About a Wet Reckless Charge?
You may be better off disclosing the conviction before its discovery through other means. Explaining what happened and what steps you’re taking to ensure it doesn’t happen again may be your best shot at keeping or getting the job.
Additionally, some applications will ask if you have a criminal record. If you lie when answering this question, prospective employers may immediately disqualify you from the job search, representing another way a wet reckless does affect employment for some people.
You can speak with a criminal defense lawyer to determine the best way to approach disclosure of information about any charges on your record, including those related to a wet reckless driving conviction in California.
How Do You Get a Wet Reckless Charge on Your Record?
You may accept a wet reckless charge in California as part of a plea bargain after an arrest for driving under the influence. California does not use wet reckless allegations as a stand-alone charge, so you should only face this charge after a DUI arrest.
When you take a DUI plea bargain, the prosecution requires you to admit fault for a less serious offense in exchange for lesser penalties. However, as you have seen, a wet reckless charge will still impact your life and potentially your employment.
Why Do People Accept a Wet Reckless Charge?
A wet reckless conviction is often preferable to a DUI conviction. It comes with much less severe legal ramifications than a DUI. However, a conviction can still impact you.
With a wet reckless charge, you face:
- Up to $1,000 in fines
- Six months in jail OR
- Probation for one to two years
In contrast, a first-time DUI conviction comes with:
- Fines of up to $1,000, plus additional court assessment fees
- Jail time for up to six months
- A license suspension of six months
- Mandatory DUI classes (paid for by you) for three months
- Probation for three to five years
The difference between the two ends up being the severity of the penalties. However, both show up on your criminal record, initiate an automatic administrative suspension with the DMV, will count against you for future DUIs, and can impact your ability to keep or get a job.
Wet Reckless Charges and IID Usage
California’s ignition interlock device pilot program requires most drivers convicted of drunk driving charges to install an IID in their vehicle. An IID is a personal breathalyzer device you must use each time you want to drive.
If you take a wet reckless plea bargain, you may not have to install an IID. You only have to use this piece of equipment if the court orders you to do so.
Therefore, even though a wet reckless does affect employment in some cases, it can represent a better choice than a DUI.
Wet Reckless Charges Are Priorable in California
You should know that California considers wet reckless charges priorable, just like all other DUI offenses. Therefore, a wet reckless charge on your record will count against you if you face another DUI charge within 10 years of your arrest.
California increases the penalties you face for each subsequent offense for driving under the influence of alcohol. Therefore, your lawyer may seek a different charge when plea bargaining with the prosecution after your arrest.
Expunging the Wet Reckless Conviction Will Affect Your Employment
Under the Fair Chance Act, employers may not use expunged convictions against you to rescind a job offer. Likewise, an employer you currently work for may not see the wet reckless conviction on your record after expungement.
Expungement is only possible once you have completed all the mandated terms from your conviction, making this another area in which a wet reckless conviction is better than a DUI: the shorter probation period means you may have your record expunged sooner.
How Do You Expunge a Wet Reckless Charge?
In order to have your record expunged, you need to have the right paperwork filed with the court. A DUI lawyer can help you file the necessary paperwork and, if the prosecution objects, can represent you in any proceedings to argue for the expungement.
An expungement will not purge the conviction from your driving record. A conviction may impact your ability to get certain jobs that rely on a clean driving record, but those positions may only be a small subset of jobs available.
Are There Other DUI Plea Bargains Available?
A DUI lawyer may push for a “dry” reckless plea bargain under CA Vehicle Code § 23103 after a DUI arrest. Dry reckless charges can result in fines, up to 90 days in jail, and other penalties.
However, a dry reckless charge does not count as a DUI offense. Therefore, your lawyer may push harder to get the prosecution to offer this kind of plea bargain.
An employer can also see a dry reckless conviction. Therefore, any charge you accept as part of a DUI plea bargain may affect your employment.
Do You Have to Take a Plea Bargain for a DUI?
You may not have to accept a reckless driving charge as part of a plea bargain after a DUI arrest. Instead, your lawyer may focus on other options to resolve your charges.
Sometimes, your attorney may work to get the court to dismiss your charges. In other cases, you can count on your lawyer to aggressively represent you in court.
Contact a DUI Lawyer Today to Learn More About Your Employment
Does a wet reckless affect employment in California? Yes, this kind of plea bargain can impact your current or future employment. Fortunately, a DUI lawyer can help you face these charges head-on to protect your future.
We can help you get in touch with a professional legal team. You can learn more about your options when you call or fill out our online contact form.
