What You Need to Know About Wet Reckless in Ohio
Operating a vehicle under the influence (OVI) is a criminal offense with serious penalties. Here is what you need to know about wet reckless laws and penalties in Ohio.
Wet reckless is a plea bargain in place of an OVI conviction. The prosecution may allow an individual to plead wet reckless under certain conditions. A wet reckless is an alcohol-involved driving charge with reduced penalties compared to an OVI charge.
Wet Reckless in Ohio
In Ohio, Section 4511.19 of the Revised Code refers to alcohol-related offenses as OVIs, which stands for “operating vehicle under the influence.” Ohio can charge an individual with an OVI for driving with a blood alcohol content (BAC) of 0.08% or higher. When arrested for an OVI, an offender may be able to plead guilty to reckless driving and lower their charge to a wet reckless.
An individual may get their OVI charge reduced to a wet reckless in the following circumstances:
- The individual is a first-time offender
- The individual has no prior convictions
- The offender’s BAC is close to 0.08%
- No accident resulted in property damage or injury
An attorney can help an individual craft their case and persuade the prosecution to reduce an OVI charge to a wet reckless.
Related: 7 Crimes Without Statutes of Limitations
Wet Reckless Penalties in Ohio
The penalties for a wet reckless conviction are significantly lower than an OVI conviction. Section 4511.20 of the Revised Code describes the penalties for reckless driving under different circumstances:
No prior traffic conviction:
- Minor misdemeanor
- Up to $150 in fines
- No jail time
One prior traffic conviction:
- Fourth-degree misdemeanor
- Up to $250 in fines
- Up to 30 days of jail time
Two prior traffic convictions:
- Third-degree misdemeanor
- Up to $500 in fines
- Up to 60 days of jail time
Ohio will not consider a reckless operation charge a criminal offense and will not count as a prior conviction in future OVI charges.
Possible Defenses For OVIs in Ohio
In many cases, the prosecution will not reduce an OVI charge to a wet reckless. Here are possible defenses for an OVI conviction:
Related: Criminal Statutes of Limitations By State
Lack of Reasonable Suspicion
Under the Fourth Amendment of the Constitution, law enforcement must have reasonable suspicion to stop an individual while driving. Reasonable suspicion for traffic stops may include speeding, expired plates, broken headlights, etc. An individual could argue that the police officer did not have a proper cause.
Inaccurate Breathalyzer Results
An individual could argue that the breathalyzer results are not reliable. Several factors affect the accuracy of the test, such as improper administration of the test, lack of calibration, or chemical exposure.
Lack of Probable Cause For Arrest
An officer may have reasonable suspicion to make a traffic stop, but they must also have probable cause to make an arrest. An individual could argue that law enforcement did not have probable cause to make the OVI arrest.
FAQs About Wet Reckless in Ohio
What is the difference between an OVI and a wet reckless?
In Ohio, law enforcement can accuse an individual of an OVI when they are driving under the influence. Wet reckless is a plea agreement that can result in lower fines and a shorter jail sentence. A wet reckless charge is less serious than an OVI conviction and is usually only possible for first-time offenders.
What are the penalties for a wet reckless in Ohio?
An individual charged with wet reckless will face $150 to $500 in fines and up to 60 days in jail, depending on the presence or lack of prior convictions.
What are the possible defenses for wet reckless in Ohio?
- Lack of reasonable suspicion
- Unreliable breathalyzer results
- Unlawful arrest due to lack of probable cause
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