Reckless Driving – California Vehicle Code 23103a & 23103.5a
Wet and reckless driving is defined under vehicle code (VC) 23103/23103.5. It’s a reduced charge or a plea reduction that’s considered a misdemeanor-level offense. Prosecutors often offer this charge if there’s uncertainty about proving a DUI, such as if the motorist’s blood alcohol levels were borderline or if the evidence has been handled poorly.
A wet and reckless charge carries reduced fines and is considered less severe than a full DUI, both in terms of how it appears on a person’s criminal record and how insurance companies view the offense.
Wet Reckless and Dry Reckless
The goal of every competent drunk driving defense lawyer is to get his/her client the best possible outcome under the circumstances. Negotiating a plea bargain to a lesser offense such as “wet reckless” or “dry reckless” can often achieve this goal without the risk and expense of trial. While both wet and dry reckless share some similarities, they have a number of important to know differences. The following are a few of the similarities:
- Both are misdemeanors
- Both are 2 point DMV traffic violations
- Both carry fines up to $1,000
- Both are non-moral turpitude offenses
- Both DO NOT carry mandatory driver’s license suspensions
- Both DO NOT trigger mandatory ignition interlock device installation
Penalties for Wet Reckless in California
While wet reckless offenses carry lesser penalties than a DUI, there are some things to be aware of before agreeing to a wet reckless plea bargain. Penalties for wet reckless can include:
- Up to 90 days in jail
- Fines of up to $1,000
- Mandatory participation in a DUI/alcohol program
Differences Between Wet and Dry Reckless
The main difference between wet and dry reckless is wet reckless is considered priorable, whereas a dry reckless is not. Therefore, just like a prior DUI conviction, a prior wet reckless conviction could be used by prosecutors as a prior offense to elevate subsequent drunk driving arrests within 10 years of the 1st offense to a 2nd DUI or worse, depending on how many priors you have. VC 23103.5(c) explains that if the court accepts your plea of “guilty” or “no contest” to wet reckless as a reduced charge from VC 23152 – DUI, the resulting conviction would serve as a prior offense for the purposes of future DUI prosecution. In addition, wet reckless requires mandatory completion of a court ordered DUI program. Which program you would be ordered to complete would depend on the terms of your plea agreement. For example, you could be ordered to complete a 6 week, 12 hour SB1176 program commonly referred to as the”wet reckless program,” or 3 month, 30 hour AB5411st offender DUI program.
The Differences Between a DUI and Wet Reckless Convictions
Wet reckless is classed as a misdemeanor and has much lower penalties than a DUI. The starting level fines for a DUI are higher, and the jail time for a first DUI is up to 6 months. In addition, when a person receives a DUI conviction, they face a license suspension, which could adversely impact their lives — for example, by making it difficult for them to source work.
For this reason, DUI attorneys often try to come to an agreement with the prosecutors to have the charge reduced to wet reckless.
How Does a Plea Deal for Wet Reckless Work?
If someone is charged with driving under the influence, a prosecutor may consider offering a reduced wet reckless charge in the following circumstances:
- The blood alcohol content was at or close to 0.08 percent.
- There was evidence of a rising blood alcohol level.
- There was minimal bad driving conduct.
- The defendant can show evidence of poor handling of evidence.
- There was an issue with the stoppage/inability to show probable cause.
If you’re faced with a potential DUI, it’s important to talk to a DUI attorney who can look at the details surrounding your case and advise you if there are ways to reach a plea deal for a wet reckless offense, avoiding license suspension and other life-altering penalties.
Why Hire Our Firm?
The DUI lawyers at Sitkoff Law Group, Inc. have collectively specialized in criminal and DUI defense for over 70 years. The only way to assure you receive the best case outcome for your unique circumstances is to be represented by a DUI defense attorney who has defended drunk driving charges long enough to have experienced virtually every possible scenario. This insight and expertise is what separates us from the others and it is an advantage we bring to every case our clients entrust us to defend. We offer no cost consultations to review every available case detail in an environment free from pressure to hire before you are ready. Most importantly, when you retain our firm, you will be represented by either Eugene Hanrahan or Stephen Sitkoff, not a contract lawyer or associate attorney. Call us now at (888) 579-4844 to schedule your free consultation at our main office in West Los Angeles. For our clients’ convenience, we also have office locations in Long Beach, Torrance, Pasadena, West Covina, Glendale, Orange, Newport Beach, Westlake Village, Oxnard and Rancho Cucamonga.