A common question raised by new clients arrested for a DUI in California is "What is a wet reckless and can I get one instead of a DUI?" A plea to a charge of reckless driving is sometimes accepted by prosecutors in return for a dismissal of DUI charges by way of a negotiated plea bargain. Reckless driving is a misdemeanor in California and may be considered "wet" or "dry". A wet reckless is an alcohol or drug related reckless driving. A dry reckless is non-alcohol or drug related. The primary difference between a wet and a dry reckless is that a wet reckless is still priorable, so that a subsequent conviction for DUI within ten years would result is second offender penalties. A dry reckless is not priorable.
Penalties for a wet reckless typically incude two or three years of informal probation, a fine of approximately $250 plus penalty assessments and a twelve hour alcohol education program. The conviction carries two penalty points but does not carry a mandatory license suspension as does a DUI conviction. A dry reckless does not normally carry the requirement to attend an alcohol education program.
A reduction in charges from DUI to reckless driving is often considered due to a low or moderate blood or breath alcohol level or because of some other defect or problem with the evidence in the case.
If you have any questions concerning DUI defense in Los Angeles or Orange County , please contact Gold and Witham for a free consultation.