What is the Difference Between Wet Reckless and DUI Charges?
After being charged with driving under the influence (DUI), you will hear many terms. Some of these, such as blood alcohol concentration (BAC), are familiar to most people. Others, such as wet reckless, are not as clear. Like the terms themselves, many people know the penalties of a DUI conviction, such as high fines, driver’s license suspension, and possibly even jail time. The charges for a wet reckless conviction, though, are not as easily understood. Below, our San Diego DUI defense lawyer explains in further detail.
DUI Charges vs. Wet Reckless Charges
State law prohibits people from driving with a BAC of 0.08 percent or higher. Many people think a first DUI offense is minor, but that is not true. A conviction for a first offense can result in up to six months in jail, high fines and court fees, a driver’s license suspension, and completion of a mandatory education program. Each subsequent DUI conviction will result in harsher penalties.
The term ‘wet reckless’ is a colloquial term for a DUI charge that is reduced to reckless driving under state law. A wet reckless charge does have an added note about the involvement of alcohol. You cannot assume that your DUI charge will be reduced to a wet reckless and you cannot request the reduction. Wet reckless charges typically start as DUI charges and through negotiation with the prosecution, your lawyer can reach a plea deal in which you plead no contest or guilty in exchange for the lesser charge.
Benefits and Drawbacks of Wet Reckless Charges
If you have been charged with a DUI, you may assume that agreeing to reduced wet reckless charges is in your best interest. Although wet reckless charges do have many benefits of a DUI conviction, there are also some drawbacks you should be aware of.
The benefits of wet reckless charges are as follows:
- The court is not required to suspend your driver’s license, although the DMV may still
- Jail sentences are shorter, usually ranging between 5 and 90 days
- Fines are also lower and typically range between $145 and $1,000
- Shorter probation, typically between one to two years
Before accepting a wet reckless charge in exchange for a guilty plea, it is also important to note the following drawbacks:
- Lookback period: A wet reckless charge counts against you as a previous DUI if you are charged with a DUI again within ten years. Any subsequent charge will result in harsher penalties if convicted.
- Insurance premiums: Your insurance company may still raise your premiums after a wet reckless conviction, or they may cancel your policy entirely.
Our DUI Defense Lawyer in San Diego Can Help
If you have been charged with driving under the influence, it is critical that you obtain sound legal advice from a San Diego DUI defense lawyer. At Anthony Z. Vargas, Esq., our experienced attorney can negotiate with the prosecution and prepare the strong defense you need to ensure you obtain the most favorable outcome. Call us now at 858-285-4595 or contact us online to request a consultation and to get the legal help you need.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23103
