What is "Wet Reckless" in California DUI charges?

June 22, 2025

What is "Wet Reckless" in California DUI charges?

Introduction

Being charged with Driving Under the Influence (DUI) in California is a serious matter with potentially severe consequences. However, under specific circumstances, a skilled defense attorney may be able to negotiate a plea bargain for a lesser charge known as a "wet reckless." This informal term refers to a reckless driving charge that includes a notation indicating the involvement of alcohol or drugs.

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The Strategic Advantage of a "Wet Reckless"

A "wet reckless" is not a crime you can be initially arrested for or charged with; it is exclusively a plea bargain offered by prosecutors in certain DUI cases. It's often considered a desirable outcome for a defendant facing DUI charges because, while it still carries consequences, they are generally less severe than those of a full DUI conviction. Understanding when and why this plea might be offered is crucial for anyone navigating the complexities of California DUI law.

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Key Aspects of a "Wet Reckless" Plea:

Reduced Penalties: The most significant advantage of a "wet reckless" is that it typically results in lighter penalties compared to a standard DUI conviction. This can include:
- Lower Fines: While fines still apply, they are generally less than those imposed for a DUI.
- Shorter Jail Time (if any): The maximum jail sentence for a wet reckless is 90 days, significantly less than the six months for a first-time DUI. In many cases, actual jail time may be avoided entirely.
- Reduced Probation Period: Probation for a wet reckless is typically one to two years, as opposed to three to five years for a DUI.
- Shorter DUI School: The required alcohol education program for a wet reckless is usually a six-week course, much shorter than the minimum three-month program for a DUI.
- No Mandatory License Suspension (by the court): While the DMV may still impose an administrative suspension separate from the court, a "wet reckless" conviction itself does not trigger a mandatory court-ordered driver's license suspension. This can be a major relief for individuals who rely on their driving privileges for work or personal life.
- No Mandatory Ignition Interlock Device (IID): Unlike many DUI convictions, a "wet reckless" typically does not require the mandatory installation of an IID in your vehicle.
"Priorable" Offense: While "wet reckless" offers immediate benefits, it's crucial to understand that it is considered a "priorable" offense. This means that if you are charged with another DUI within ten years of your "wet reckless" conviction, the new DUI will be treated as a second (or subsequent) offense, leading to significantly harsher penalties. This is a critical distinction from a "dry reckless" (reckless driving without alcohol involvement), which is generally not priorable for DUI purposes.
When It's Offered: Prosecutors may offer a "wet reckless" plea when they believe their DUI case has weaknesses. This often occurs in situations such as:
- Borderline Blood Alcohol Content (BAC): If your BAC was at or very close to the legal limit of 0.08%.
- Rising BAC Defense: Evidence suggests your BAC was rising and may have been below the legal limit at the time of driving.
- Minimal "Bad Driving" Conduct: If your driving behavior was not overtly reckless or dangerous.
- Issues with Evidence or Procedure: Problems with the police stop, field sobriety tests, breathalyzer, or blood test procedures.
- First-Time Offender: Individuals with no prior criminal record are more likely to be considered for this plea.
Impact on Driving Record and Insurance: A "wet reckless" conviction will still appear on your driving record and will result in two points on your California DMV record. This will almost certainly lead to increased car insurance rates, often comparable to those for a DUI, as insurance companies typically view any alcohol-related driving offense seriously.
Negotiation is Key: Obtaining a "wet reckless" plea is not automatic. It requires skilled negotiation by an experienced DUI defense attorney who can identify weaknesses in the prosecution's case and leverage them to your advantage.

While a "wet reckless" is not a complete dismissal, it can be a highly favorable outcome that significantly mitigates the impact of a DUI charge on your life, finances, and future.

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