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Can my DUI be reduced to a “Wet Reckless?”

A “wet reckless” is a charge to which a person accused of DUI can plead guilty or no contest to as part of a plea agreement with a prosecutor. “Wet reckless” is a nickname for “reckless driving with an indication of alcohol and/or drug involvement” (California Vehicle Code section 23103.5). Advantages of a wet reckless over a DUI include no mandatory license suspension, shorter jail sentence, lower fines, shorter probation period, shorter DUI school, and no mandatory ignition interlock device. However, a wet reckless conviction counts as a priorable offense, which can lead to increased penalties for subsequent DUI offenses within 10 years. Other consequences include potential insurance premium increases and points on a driving record.

A wet reckless plea deal requires agreement between the prosecutor, defendant, and the court. It is sometimes offered by the prosecutor when there is a very low concentration of alcohol in the breath or blood, the prosecutor may have difficulty proving some other aspect of the case, or if there are collateral consequences of the DUI conviction as a result of the person’s immigration status. Whether a DUI can resolve for a wet reckless is a fact-specific question that should be discussed with an experienced criminal defense attorney.


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