San Diego Wet Reckless Lawyer
There are two types of crimes involving reckless driving: Wet Reckless and Dry Reckless. This article discusses Wet Reckless. We have another article discussing Dry Reckless.
What is a Wet Reckless?
“Wet Reckless” refers to driving recklessly while having some amount of alcohol in your body. Pursuant to Vehicle Code § 23103.5(a), Wet Reckless is not a crime for which you can be arrested. Prosecutors do not file Wet Reckless charges against someone when commencing a criminal complaint. Nobody really goes to trial on Wet Reckless charges. Instead, the Wet Reckless crime is only used as a means of reaching a plea agreement in a case where DUI charges were originally filed. In fact, the term Wet Reckless does not exist in the statute. Strictly speaking, no one pleads guilty to “Wet Reckless”, they instead plead guilty to “reckless driving”. Wet Reckless refers instead to the punishment received and consequences applicable to this particular type of reckless driving conviction.
How do I get a Wet Reckless plea deal?
If you have been charged with a DUI (due to either drugs or alcohol), one of the plea deals you may seek with the prosecutors is that they dismiss the DUI charges in exchange for you pleading guilty to a Wet Reckless. Wet Reckless offers are usually not just given out by the prosecutors for no reason at all. If prosecutors feel like they have a strong case against you, they are less likely to make a Wet Reckless offer. (Read our article about DUI’s to get an idea of the types issues involved in a DUI case.) This means that one of your lawyer’s jobs, if he can’t get the DUI dismissed, is to convince the prosecutors to offer this deal.
There are many questions a prosecutor will consider when deciding whether to offer a Wet Reckless. Some of these questions have to do with whether or not they can prove you were guilty of DUI, such as:
- “What was your BAC?”
- “Was there an accident?”
- “How did you do on the Field Sobriety Tests (FST’s)?”
- “What was the result of the Preliminary Alcohol Screening (PAS) test?”
- “How was your driving?”
On the other hand, some of the questions have less to do with the strength of their case, and more to do with equitable issues, or factors in mitigation or aggravation, such as:
- “Do you have any prior DUI convictions?”
- “How old are you?”
- “Do you have a commercial driver license?”
- “Was there a child in the car?”
- “Why do you and/or your family members absolutely need you to keep your driver license?”
- “Were you rude or polite with the police officer?”
- “What are the chances you’ll get another DUI in your life?”
You and your lawyer need to be able to answer these questions in a favorable way. Read more about the types of things we want to know about in order to successfully fight your case.
El Cajon Wet Reckless Attorney
What is the difference between a Wet Reckless and a DUI?
There are two types of Driving Under the Influence (DUI) charges. One is what we call the “a” count because it is based on Vehicle Code § 23152(a). This is an allegation that drugs or alcohol impaired your ability to drive. It has nothing whatsoever to do with your Blood Alcohol Concentration (BAC). It is possible to have a BAC of .06% and still be convicted of the “a” count, despite the fact that the “legal limit” in California is .08%.
The second DUI charge is what we call the “b” count because it is based on Vehicle Code § 23152(b). This is an allegation that you were driving with a BAC of .08% or more. It is not necessarily an allegation that you were intoxicated, too drunk to drive, or impaired due to alcohol or drugs.
Reckless Driving is an allegation that you were driving recklessly, that is to say, that you intentionally drove with disregard to the safety of others and that you had either consumed alcohol or used drugs. While the law does not necessarily require any evidence as to what your specific BAC was, prosecutors and judges want to know what your BAC was in order to determine your sentence.
How will my sentence be different for a Wet Reckless conviction versus a DUI conviction?
Compare the differences in consequences between a Wet Reckless and a first time DUI (assuming you are at least 21 years old and no enhancements or allegations are added to the DUI charge, such as an accident or injury):
DUI
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Wet Reckless
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While the above consequences may not necessarily apply in every case, they are extremely common.
At Lounsbery Law Office, PC, we know when a Wet Reckless is a good offer on your DUI case. We know how to get it and when to reject it. If you have been charged with a DUI, you absolutely need a lawyer who is well versed in DUI laws and how and the benefits and negatives of a Wet Reckless offer. To speak with an attorney experienced with DUI charges and Wet Reckless offers, call 619-792-1451 or send us an email.