DUI vs. Wet Reckless Explained

In Los Angeles, those facing DUI charges might plead to a lesser “wet reckless” charge. This option often arises when evidence is weak or the defendant’s BAC is low. This article examines the distinctions between DUI and wet reckless charges in California.

What is a “Wet Reckless” Charge?

A wet reckless charge, as outlined in California Vehicle Code Sections 23103 and 23103.5 VC, serves as a plea option in DUI cases and is not the initial charge. This plea agreement involves the reduction of a DUI charge to reckless driving while acknowledging alcohol involvement. It constitutes a misdemeanor offense characterized by unsafe driving conduct in conjunction with the presence of alcohol.

 What is a DUI Charge?

A DUI (Driving Under the Influence) charge, as defined under California Vehicle Code Sections 23152(a) and 23152(b), is a criminal offense that occurs when an individual operates a motor vehicle while under the influence of alcohol or drugs. This charge is a direct accusation and not a result of a plea agreement like a wet reckless charge.

The DUI law in California is comprehensive and covers two main aspects:

• Section 23152(a) addresses driving under the influence of alcohol or drugs. This section focuses on the impairment of the driver. It requires the prosecution to prove that the alcohol or drugs consumed by the driver have substantially affected their driving ability, making them unable to drive with the caution of a sober person, using ordinary care.
• Section 23152(b) specifically targets driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher. This is often referred to as the “per se” DUI law. It allows for a DUI charge based solely on the BAC level, regardless of the actual impairment or driving ability of the individual. This means that even if a person’s driving ability is not noticeably impaired, they can still be charged with a DUI if their BAC is at or above the legal limit.

A DUI charge in California is typically a misdemeanor for first-time offenders, but it can escalate to a felony under certain circumstances, such as causing injury to another person or having multiple DUI convictions. The penalties for a DUI conviction can include fines, jail time, mandatory DUI education programs, and suspension of driving privileges. Additionally, a DUI conviction carries significant long-term consequences, including increased insurance rates and potential impacts on employment and professional licensing.

Key Differences Between Wet Reckless and DUI

• Criminal Record and Employment Impact: A wet reckless conviction is not classified as a DUI. This distinction holds significant importance in employment or licensing scenarios, as it enables the individual to accurately disclose their conviction for reckless driving, which is the information that will be evident on criminal background checks.
• Driver’s License Suspension and IID Requirement: Unlike a DUI conviction, which automatically triggers a driver’s license suspension and the requirement to install an Ignition Interlock Device (IID) in Los Angeles County, a wet reckless conviction does not have these automatic consequences. However, the DMV may still impose an administrative suspension.
• Jail Time and Fines: The maximum jail time for a wet reckless conviction is 90 days, significantly lower than the up to six months for a first-time DUI offense. Additionally, fines associated with wet reckless are typically lower.
• Impact on Driving Record and Insurance: A wet reckless conviction adds two points to the defendant’s driving record, potentially affecting “good driver” discounts and increasing insurance rates.

Wet Reckless and Future DUI Offenses

Wet reckless charges are enhanceable, meaning they count as prior DUI offenses for future DUI charges within ten years. This can lead to mandatory jail sentences and other enhanced penalties for subsequent DUI offenses, unlike other reduced charges like “dry reckless” or exhibition of speed.

Seeking Expert DUI Defense in California

Understanding the differences between a DUI and a wet reckless charge is essential for anyone facing DUI charges in Los Angeles. Each option carries its own set of consequences and implications, affecting everything from criminal records to future driving privileges. An informed decision, ideally made with the assistance of an experienced DUI attorney, can significantly impact the outcome of your case and your future.

If you or a family member has been charged with a DUI in California, take the first step toward resolving your case by scheduling a consultation with Attorney Arash Hashemi at The Law Offices Of Arash Hashemi today. With Over 20+ years of experience, our criminal defense attorney is ready to provide expert guidance and representation for all DUI Charges.