Wet and Reckless Charge in California
The California Legislature has created a less serious alternative charge for DUI, commonly called Wet Reckless. Codified in California Vehicle Code section 23103.5, there are many reasons why a person charged with a DUI might want to plead to the alternative charge of Wet Reckless.
Wet and Reckless vs. DUI: The Difference Between DUI and Wet Reckless Charges in Los Angeles
A Wet Reckless conviction is distinct from a DUI conviction in many ways.
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- A Wet Reckless has no minimum jail time, so the plea will not necessitate doing any more jail time than already done.
- A Wet and Reckless California may also have a substantially reduced fine (DUIs commonly cost upwards of $2000 in Los Angeles, Orange, San Bernardino, Ventura, and surrounding counties.)
- In Los Angeles County, a person convicted of Wet Reckless driving will not have to install an ignition interlock device, unlike a person convicted of DUI,
- Wet reckless convictions are less likely to impact your professional licenses the way DUI conviction will. For example in terms of wet and reckless vs dui, a person convicted of DUI will likely be banned for life from the practice of nursing. Still, a person convicted of wet and reckless in California will likely see no impact on their ability to become or continue being a nurse. (Contact your professional license board or administrative body to know how a Wet Reckless plea will affect)
- Shorter alcohol education class (6 weeks) than with a DUI conviction (3, 6, 9, or 18 months).
- No mandatory license suspension (although the DMV may decide to suspend your license still)
| Factor | DUI | Wet Reckless |
|---|---|---|
| Minimum Jail Time | Possible, depending on the case | No minimum jail time |
| Fines & Costs | Typically over $2,000 | Reduced fine |
| Ignition Interlock Device (IID) | Required in Los Angeles County | Not required |
| Impact on Professional License | Can lead to revocation (e.g., nurses may be banned for life) | Less likely to impact professional licenses (but check with licensing board) |
| Alcohol Education Program | 3, 6, 9, or 18 months | 6 weeks |
| License Suspension | Mandatory (but DMV may grant restricted license) | No mandatory suspension (but DMV may still suspend) |
| Probation | 3-5 years of informal probation | 1-3 years of informal probation |
| Criminal Record | Yes, a DUI conviction | Yes, but as a reckless driving conviction |
| Future DUI Consequences | Counts as a prior DUI for 10 years | Counts as a prior DUI for 10 years |
| Insurance Impact | 2 points on driving record; increases insurance rates | 2 points on driving record; may increase insurance rates |
| Best For | Cases where DUI conviction is unavoidable or trial is risky | Cases where there’s a chance to negotiate a reduced charge |
What are the Drawbacks of Wet Reckless in California?
- A Wet Reckless is still a criminal conviction that may bar you from certain professional or government employment.
- A Wet and Reckless results in between 1 and 3 years “informal” or “court probation”, which is the lightest probation available under the law. There will not be a probation officer assigned, you’ll simply have to pay all your fines, do all your classes,
- Wet and Reckless in California counts as a prior DUI if you are prosecuted for a subsequent DUI within ten years of your plea, substantially increasing the punishments you in the later prosecution.
- A Wet Reckless driving may raise your insurance because it adds 2 points to your license, just like a DUI.
Should I Accept a “Wet Reckless” Plea Deal?
It’s important to consult a criminal defense attorney to advise you of the strengths and weaknesses of your defense. An expert criminal defense attorney, like those employed at Manshoory Law Group, can advise you whether a Wet Reckless is the best resolution for your particular case so that you can make intelligent choices about whether to take a plea deal or fight your case at trial.
If you are facing a DUI charge, then it’s imperative that you talk to a skilled criminal defense attorney immediately. Shaheen Manshoory is an Expert in Criminal Law and has practice representing criminals for a plethora of crimes, including DUIs. Shaheen Manshoory is also very successful during early intervention where he points out the flaws in the prosecutor’s case and will often have cases dropped before going to trial or have his client’s charges reduced.
Contact us for your FREE case review (977) 977-7750.