What You Need to Know About Wet Reckless in Texas
You can reach a plea bargain with the prosecution to reduce the driving while intoxicated charge (DWI) down to a wet reckless in Texas. Here’s everything you need to know about a wet reckless offense in Texas.
If an individual is charged with driving while intoxicated, they may reduce their charge with a wet reckless plea agreement. The prosecution is likely to reduce DWI charges and grant a wet reckless plea bargain to first-time offenders.
Wet Reckless in Texas
An individual can reach a plea bargain with the prosecution to reduce a DWI charge to a wet reckless charge. Texas considers wet reckless a prior drunk driving offense. Therefore, an individual subsequently convicted for drunk driving will be tried as a second offender.
The prosecution may grant a wet reckless in the following situations:
- The amount of alcohol is borderline illegal
- There was no driving accident
- The defendant has no prior criminal record
- The offense was the driver’s first DWI
A wet reckless offense is a misdemeanor punishable by:
- A maximum fine of $200
- Maximum imprisonment in county jail for a maximum of 30 days; or
- Both the fine and imprisonment
Related: Negligent vs Reckless Driving: What’s the Difference?
Wet Reckless vs. Dry Reckless
Dry reckless differs from a wet reckless plea bargain in a Texas DWI case because it does not involve drugs or alcohol.
Under Texas Penal Code § 545, 401, an individual commits a dry reckless offense for deliberately driving a vehicle in disregard for other people’s safety.
Wet Reckless vs. DWI in Texas
Texas has stringent drunk driving laws. Texas deems you legally intoxicated if you have a blood-alcohol concentration (BAC) of 0.08 or higher. If the prosecution grants you a wet reckless plea deal, you may avoid the serious penalties of a DWI.
If an individual is at least 21 years of age and convicted of driving while intoxicated (DWI), they will face the following penalties:
First Offense
- Maximum $2,000 fine
- Maximum of 180 days in jail
- Loss of driver’s license for a maximum of one year
Second Offense
- Maximum $4,000 fine
- One month to a year in jail
- Loss of driver’s license for a maximum of two years
Third Offense
- $10,000 fine
- Two to 10 years in prison
- Loss of driver’s license for a maximum of two years
A drunk driving conviction with a child passenger
- You face child endangerment charges if the child passenger is less than 15 years of age
- An additional fine of up to $10,000
- Jail time for up to two years
- Loss of driver’s license for an additional 180 days
Driving with an Open Container
It is illegal to drive with an open container. An open container is any bottle, can, or receptacle that contains an open alcoholic beverage.
You will be charged with a Class C misdemeanor which carries a maximum fine of $500.
Related: How to Prove an Injury Is From a Car Accident
If an adult is at least 21 years of age and convicted of DWI, the court may also require them to:
- Complete a 12-hour DWI intervention program or 32-hour DWI repeat offender program.
- Obtain a Financial Responsibility Insurance Certificate (SR – 22) from an authorized insurance company.
Serve probation. - Install an ignition interlock device on their vehicle which prevents drivers from starting their vehicle after consuming alcohol.
Defenses Against a DWI Conviction
If you are convicted of a DWI, you may utilize the following common defenses:
1. The breathalyzer test was inaccurate.
A single breath alcohol test may be insufficient to accurately assess your blood alcohol level. Indeed, the margin of error for breathalyzer tests is 0.02 percent.
2. The police officer lacked probable cause to stop you.
The police officer did not have probable cause to believe the individual was driving under the influence.
3. You reach a wet reckless plea bargain.
The prosecution does not have a strong case against the driver and offers a wet reckless plea bargain.
Contact Us
If you or a loved one would like to learn more about Wet Reckless Texas, get your free consultation with one of our Criminal Defense Attorneys in Texas today!