The uncertainty that follows a drunk driving charge can be overwhelming. You may be worried about losing your license or going to jail, and the prospect of a driving under the influence (DUI) charge following you forever could also be weighing heavily on your mind.
However, an arrest doesn’t necessarily mean you’ll be convicted. You could take your case to trial and win. Or, you may be offered a plea deal that will reduce the drunk driving charge to a reckless driving offense that involves alcohol. This is colloquially called a “wet reckless.”
What makes a “wet reckless” better than a DUI conviction?
Accepting a plea agreement for a wet reckless charge generally means pleading guilty or “no contest” to reckless driving under the provisions in California Vehicle Code VEH § 23103 and VEH § 23103.5.
The possible benefits of a plea to wet reckless charges over a DUI conviction depend on the circumstances, but a wet reckless typically carries a shorter potential jail sentence (which is often suspended for a first-time offense), smaller fines and a shorter probation period. There is also no required court-ordered suspension of your driver’s license. In addition, there’s significantly less stigma attached to a reckless driving conviction than a drunk driving charge.
However, a wet reckless plea is not all beneficial to you. If you take the plea, the record will be annotated to show that alcohol was involved. You can still lose your license through the DMV’s administrative process, which is separate from any criminal case. In addition, if you happen to be involved in another drunk driving offense within 10 years of your plea, the next offense will be treated like a second DUI and the potential penalties will rise accordingly.
Plus, a plea deal is the same as a conviction, which means that it can still affect your car insurance rates, your professional licensing and possibly your employment, depending upon your circumstances.
What to consider before you accept a wet reckless plea
You should ask yourself why the prosecutor is making the offer. To some extent, plea agreements are used to keep the criminal justice system from clogging up due to too many cases. However, prosecutors may be making the offer because there are significant weaknesses in their case. For example, there may be questions about the validity of your blood alcohol content (BAC) test or the legality of the traffic stop. You may have a significant chance to defeat the charges entirely.
While a wet reckless plea can be a favorable resolution to your case, you owe it to yourself to speak with a skilled DUI defense lawyer who can examine all the evidence and help you evaluate your options.