What are ‘Wet Reckless’ Charges in California?

If you have been charged with driving under the influence in California, you may have already heard the term ‘wet reckless.’ What does this term mean, though, and how can it impact your case? Wet reckless is one of the most common plea bargains in DUI cases in California. For business owners, professionals, and individuals worried about their criminal record, reducing charges to a wet reckless can be the life-changing difference. Our San Diego DUI defense attorney explains in greater detail below.

What is a Wet Reckless in California?

Wet reckless is not a separate charge on its own and you cannot be arrested for it. Instead, wet reckless allows you to plead guilty to reckless driving when drugs or alcohol were involved. This plea is only available if you have been charged with a DUI. If you simply drive recklessly without the involvement of drugs or alcohol, it is considered a dry reckless.

Wet reckless is generally not treated as harshly as a DUI. For example, those convicted of a DUI may still face up to six months in jail for a first offense. Jail time is rarely a penalty for wet reckless, and in most situations, a person faces probation only.

When are Wet Reckless Pleas Available?

Not all DUI charges can be reduced to wet reckless in California. There are several factors that may make a wet reckless more likely in a DUI case. These include:

• Low blood alcohol concentration (BAC): If your BAC hovered around the legal limit of 0.08 percent, particularly if it did not exceed 0.10 percent, the prosecution may agree to a wet reckless.
• No aggravating factors: If there were no aggravating factors in your case, this can also make a wet reckless more likely. Aggravating factors can include a DUI involving an accident, injury, child passenger, or refusal of a breath test. If any aggravating factors were present in your case, it can make a wet reckless less likely.
• Weak evidence: When there are issues with evidence, this can make a strong case for a wet reckless. Deviations in standard protocols during chemical testing, improper traffic stops, maintenance or calibration errors, or medical conditions can all help challenge evidence and make a wet reckless more likely.
• No previous offenses: Wet reckless charges are more likely for those facing a first offense DUI. If you have previous DUIs on your record, the prosecution and judge in your case will likely be far less willing to show leniency.

Our DUI Defense Attorney in San Diego Can Advise on Wet Reckless in Your Case

A wet reckless in California typically protects your interests and future far more than a conviction for a DUI. However, it is not the only defense available in your case. At Anthony Z. Vargas, Esq., our San Diego DUI defense lawyer can advise on whether a wet reckless is right in your case, or whether an even better outcome, such as a not guilty verdict or dry reckless, is available. Call us today at 858-285-4595 or fill out our online form to schedule a consultation and to get the legal advice you need.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23103.5.&nodeTreePath=15.12.1&lawCode=VEH