Sometimes prosecutors offer wet reckless as part of a negotiated plea in a driving under the influence case when their case against the defendant is weak or where the defendant's blood alcohol content was close to the legal limit. Wet reckless carries less severe penalties, such as shorter incarceration durations, shorter probationary periods, lighter fines, and does not trigger an automatic driver's license suspension. On the other hand, the charge reduction has disadvantages and is not ideal for every case. The Palm Desert-based legal team at Desert Defense Lawyers can review your case facts and advise you whether or not a reckless act is in your interests.
Decoding Wet Reckless
Also referred to as "wet and reckless," wet reckless is a criminal charge that prosecutors typically offer as a plea bargain offer to either:
- Driving under the influence (Vehicle Code 23152a)
- Driving with a blood alcohol concentration greater than 0.08 percent (Vehicle Code 23152b)
Police cannot arrest you for wet reckless. It is a nickname for a reckless driving conviction that stems from a DUI plea bargain negotiation and has a note highlighting that drug or alcohol use was present at the time of the crime commission.
It involves admitting guilt to a lesser criminal charge than DUI, resulting in less severe penalties and less stigma.
The prosecutor might be willing to reduce your DUI charge to wet and reckless if any of the following apply:
- Your BAC was below 0.08 percent
- You do not have previous alcohol- or drug-related convictions.
- You cooperated with the arresting police officers
- The prosecutor's case has gaps
Please note that prosecutors do not offer "wet and reckless" in all DUI cases. Additionally, it might not be the most effective deal that your DUI attorney can negotiate. Other charge reduction options include the following:
- Exhibition of speed
- Dry reckless
Pros of Wet Reckless
Here are the benefits of taking a wet and reckless plea offer:
Less Incarceration Duration
You will spend less time in jail when convicted of a wet and reckless charge than a DUI criminal charge, allowing you to return to your loved ones and daily routine as soon as possible. If convicted of wet and reckless, you will serve up to three months in jail, which the court can adjust depending on the facts of your case. On the contrary, DUI incarceration varies depending on your criminal history, and the judge could also increase penalties if aggravating factors exist. A first-time offense carries a penalty of six months in jail, while a second-time conviction is punishable by up to one year.
Less Fines
A wet reckless conviction attracts less hefty fines than a DUI. The conviction for wet reckless driving is punishable by fines that do not exceed $1,000. On the other hand, the fees you pay when convicted of DUI depend on numerous factors and could escalate to $3,000.
Attending DUI School for a Shorter Duration
The judge can order you to complete DUI school. The requirement can be demanding, as it requires you to balance your personal life with attending the program. Therefore, attending the program for a shorter duration is beneficial, as it reduces the challenges of completing DUI school with fewer absences. A first wet and reckless conviction will require you to complete six weeks of an alcohol program, as opposed to three months after a DUI conviction.
No Compulsory Driver's License Suspension
Unlike DUI, wet and reckless convictions do not result in a compulsory driver's license suspension. Nevertheless, the judge might require you to install an ignition interlock device.
You Will Serve a Shorter Probation Duration
Probation is considered more manageable for most defendants because they can retain their freedom provided they comply with the imposed probation terms.
A wet and reckless conviction typically attracts a probation duration of one to two years, whereas a DUI conviction usually carries a probation period of three to five years. That means a wet and reckless gives you an easier time completing probation, as the duration is significantly shorter than that of a normal DUI conviction. Once you have completed the duration, you can continue your daily life free from scrutiny.
Wet Reckless Drawbacks
The section below discusses the cons of a wet reckless conviction:
Wet Reckless is a Priorable Offense
If found guilty of another DUI within the lookback period, the prosecutor considers the wet reckless conviction. That means a subsequent offense will attract more severe penalties.
A Wet Reckless Conviction Affects Your Department of Motor Vehicles Record
A conviction adds two points to your driving record and three points if you were operating a commercial automobile. Upon the accumulation of a certain number of points, the DMV can designate you a negligent operator and withdraw your driving privileges.
Causes Insurance Liability
You are not required to disclose your wet reckless conviction to your insurer unless the DMV has also suspended your driver's license. Nevertheless, your insurance provider can perform a search of your driving record at any given time and find the conviction as long as it is still on your record.
Your insurer considers your driving record during the renewal of your policy. Insurance firms are not supposed to hike rates when your policy is active, but they can increase your premiums during your insurance policy renewal or if you make any adjustments to it.
You might also be required to obtain an SR-22 after your DUI conviction. Obtaining the SR-22 insurance could result in changes in your auto insurance rates. Your rate increases until your wet and reckless conviction is erased from your driving record; you could face many years of increased insurance rates.
The DMV’s Driver’s License Suspension
The Department of Motor Vehicles can suspend your license following your DUI apprehension. The DMV’s case is administrative in nature and differs from your criminal case.
You can try to salvage your driver’s license by requesting a DMV hearing within ten days following the arrest. During the hearing, you must prove by a preponderance of the evidence that you were not drunk driving. The preponderance of the evidence means that it is more likely that you violated DUI laws. If you win your DMV administrative hearing, the hearing officer will set aside the driver's license suspension, and you can continue enjoying your driving privileges. Some of the legal defenses you can use to win the hearing include the following:
- You were not operating a car.
- Rising BAC
- Medical conditions led to your high BAC level
- The police did not observe you for at least fifteen minutes.
- The breathalyzer was not properly calibrated or maintained
- The police did not tell you of the repercussions of refusing to take a chemical test
If you fail to prevail in the DMV hearing, the DMV could still permit you to keep driving after installing an ignition interlock device for:
- Four months after your first DUI
- 12 months following your second DUI
Practical Considerations If Charged with DUI
When prosecuted for DUI, the likelihood of a wet and reckless plea offer often seems attractive because of the potential for a shorter incarceration duration, less hefty fines, and the absence of a compulsory installation of an IID. Nevertheless, this is something you should take seriously and should decide after cautious consideration and consultation with a skilled DUI criminal defense lawyer.
One key consideration is whether it is in your best interests to beat the DUI criminal charges, especially if the prosecutor's case against you is weak. Sometimes, a defense lawyer can negotiate for case dismissal or obtain an acquittal. Nevertheless, if the proof against you is strong or your blood alcohol content is within the punishable range, accepting a wet and reckless plea offer might be unfavorable since it reduces the negative criminal repercussions.
A first-time defendant has better odds of securing a reckless charge because of their clean criminal record. It is because it is deemed that a first-time defendant is less likely to engage in criminal conduct than a repeat offender. Nevertheless, you could still enter plea deal negotiations and obtain a DUI criminal charge reduction, even with a previous conviction. Here, your best argument is proving your previous convictions were not alcohol or drug-related. You can contact the Department of Justice to obtain copies of your criminal record as evidence.
You should also consider the impact of a wet and reckless conviction on immigration status and professional licenses. Specific licensing boards, like those regulating commercial drivers, attorneys, and nurses, might still deem your wet reckless conviction as DUI and could take administrative action against you. If you are an immigrant, a wet reckless conviction, although less serious than driving under the influence charges, could be considered problematic in some situations. Consequently, it is wise to discuss the possible implications with your defense lawyer.
The Role an Experienced Defense Lawyer Plays in Wet Reckless
Negotiating a criminal charge reduction from DUI to wet reckless depends on the skills and expertise of your attorney. A seasoned lawyer can review your case facts and evidence to identify gaps in the prosecutor's case, negotiate with the prosecutor, and use mitigating factors on your behalf. A mitigating factor is a circumstance that reduces the scrutiny of a criminal case because it leads to positive case outcomes. It can also apply when a wrongdoing that was not your fault results in inconveniences to your case. For instance, your lawyer can do any of the following:
- Contesting the validity of the DUI traffic stop — The lawyer can review whether the arresting officers had a reasonable suspicion for pulling you over. If there was reasonable suspicion, the judge could suppress all evidence the police obtained from the stop.
- Challenging the chemical test outcomes — Title 17 outlines guidelines on how police should administer chemical tests like blood, urine, and breath tests. In this case, your lawyer can investigate the accuracy of the chain of custody, whether breathalyzers were well-maintained and calibrated, and whether a qualified person administered the chemical test.
- Scrutinize your field sobriety tests (FSTs) — FSTs can often be subjective and are susceptible to influence by factors like fatigue, health conditions, or anxiety. Your legal counsel will examine how the police administered the FSTs and whether the outcomes are reliable.
- Identifying breaches of your legal rights — Your lawyer will examine if law enforcers violated your legal entitlements during your arrest and DUI interrogation. The attorney will assess whether the police read you Miranda warnings before conducting a custodial interrogation and whether there were any illegal searches and seizures.
Suppose any of these arguments raises doubt about the prosecutor's capability to obtain a drunk driving conviction at trial. In that case, they might be willing to offer you a DUI wet and reckless plea.
You cannot overlook your lawyer's familiarity with the behavior of different prosecution teams within the California criminal judicial system and court practices. Policies and practices can vary among various prosecutors and courthouses. Some prosecutors could be inclined to offer charge reductions, primarily to first-time defendants with low BACs, while others are strict and adamant about not offering a wet reckless plea. A lawyer who understands local nuances can effectively guide you toward achieving the best possible outcome in your case.
How Dry Reckless Differs from a Wet Reckless
A dry reckless charge is when an individual facing DUI charges pleads guilty or no contest to a reckless driving criminal charge. Unlike with wet and reckless, the conviction record indicates that alcohol was not involved. Dry reckless is also not a priorable crime.
The distinction between a dry reckless and a wet reckless is crucial. Most defendants assume they do not need to worry about priorability because they think they have learned their lesson and are not at risk of facing a subsequent DUI charge.
However, ten years is a long period, and a lot can happen, including facing a second DUI unexpectedly. It is advisable to negotiate your initial DUI down to a dry instead of a wet reckless.
How a Wet Reckless Can Affect Your Employment and Career
Your wet reckless conviction can impact your professional life in various ways, including the following:
Stigma Related to Your Conviction
The most immediate effect associated with a wet reckless conviction is facing stigma. Employers can consider a person with a DUI conviction as unreliable, irresponsible, and without proper judgment. Stigmatization can make securing a job, especially in fields that require a great deal of trustworthiness and integrity, challenging. These fields include education, finance, and healthcare.
Professional Certifications and Licenses
Professions like doctors, lawyers, pilots, commercial drivers, and nurses require certifications and licenses to practice. A wet reckless conviction may jeopardize your chances of obtaining or keeping these credentials. Professional licensing boards and regulatory authorities can deem a conviction as proof of moral turpitude or unprofessional conduct, which may result in the revocation or suspension of your practicing license.
Even if your profession does not require a license, some companies may have internal policies prohibiting workers with a wet reckless conviction from holding certain positions, especially those that involve handling sensitive details or operating company vehicles.
Background Searches and Job Applications
In most sectors, background screenings are mandatory during the job recruitment process. A wet reckless conviction can appear on these background searches, which could automatically eliminate you from being shortlisted for some positions. Even when you have the relevant qualifications and experience for the position, a conviction might lead to your potential employers choosing another candidate with a clean criminal history over you.
Most employment applications require candidates to reveal all criminal convictions, including wet reckless convictions. If you fail to reveal these details, it could result in immediate disqualification if they are discovered later.
However, California’s Fair Chance Act prohibits employers from asking about your criminal record on any job application or performing a background screening until they have offered you the job. Also known as Ban the Box, the law aims to ensure that companies consider employees with convictions for job openings. Only after your selection and receipt of a conditional job offer can the employer inquire about your criminal history or conduct a background screening.
While most private and government employers should comply with the Fair Chance Act, there are exceptions, including the following:
- Employers with fewer than five workers
- Law enforcement agencies and criminal justice workers
If any regulation mandates the employer to perform a background screening for any job you applied for, the employer could ask about your criminal record beforehand. You can expect this from most finance-related positions and other government-related jobs.
Find a Seasoned Criminal Defense Attorney Near Me
DUI is a severe crime that comes with severe life-altering criminal consequences and questions and uncertainty about your case outcome and future. Depending on the circumstances surrounding your case, you can engage in plea bargain negotiations and reduce the charge to reckless, which is less harsh than a standard DUI conviction. However, obtaining a favorable case outcome after a DUI charge requires in-depth knowledge of the law. Desert Defense Lawyers can review your case to identify loopholes in the prosecutor's case and aggressively negotiate for an offer that is in your best interests. Please contact our Palm Desert office at 888-293-0396 to schedule your initial consultation and learn how we can help you.
