The Difference Between a Wet Reckless and a DUI
If you have ever dealt with a DUI arrest, you may have heard of a “wet reckless.” Here’s what you need to know about the difference between a wet reckless vs DUI in California.
Depending on the crime’s circumstances, the prosecutor may agree to drop a DUI charge for a more lenient wet reckless charge as a part of a plea agreement. Though a wet reckless conviction is less severe, the plea deal still contains significant nuances and serious consequences.
What is a DUI?
In California, a DUI refers to driving under the influence of alcohol or drugs. Even if your driving is not erratic, you can still face a DUI charge if your blood-alcohol concentration (BAC) exceeds 0.08%.
What Is a Wet Reckless?
“Wet reckless” is a nickname for a reckless driving charge.
According to California Vehicle Code 23103/231103.5 VC, a wet reckless conviction:
- Occurs in a plea deal situation, reducing a DUI charge
- Notes on the defendant’s criminal record the offense involved alcohol or drug use
A wet reckless is the same as reckless driving. Therefore, a wet reckless only appears on your record when you accept a plea bargain for a DUI and plead guilty or no contest to the “wet reckless” charge. In other words, a wet reckless is not an arrestable offense.
Related: California Car Accident Statistics
When Do Prosecutors Offer Plea Deals?
Depending on the defendant’s circumstances, prosecutors may reduce a DUI charge to a wet reckless when:
- The BAC of the defendant was close to or under 0.08%
- The defendant has no prior alcohol or drug-related offenses
- The defendant has no criminal history or a clean driving record
- The prosecution’s case is weak
Not all prosecutors offer the plea deal; attorneys often negotiate for them. In some cases, an experienced California DUI lawyer may bargain for a better deal.
Advantages of a Wet Reckless Charge
Wet reckless driving is not a DUI or even a lesser form of a DUI. Therefore, the penalties for a wet reckless are less severe.
The advantages of a wet reckless include:
- No mandatory court-ordered license suspension
- No mandatory installation of an ignition interlock device (IID)
- Shorter jail sentence (between 5 and 90 days)
- Lower fines (between $145 and $1,000)
- Shorter probation period (one to two years)
- Shorter DUI school (six weeks)
- No DUI on your criminal record
The benefits of a reduced wet reckless charge could save you time and money, protecting current and future job prospects.
Related: Determining Fault in a California Car Accident
Disadvantages of a Wet Reckless Charge
Though a wet reckless conviction is less severe than a DUI, a wet reckless still entails some serious consequences.
A wet reckless charge counts as a “priorable” offense and enforces California’s DUI “lookback” period. In other words, the defendant is a repeat offender if convicted of a DUI within the next ten years, facing increased penalties for a second or third-time DUI.
A DUI arrest triggers a separate “administrative per se” (APS) hearing at the DMV. A reduced wet reckless charge does not guarantee success at the APS hearing.
Car insurance companies treat some wet reckless convictions as DUIs, resulting in high premiums or cancellation of policies. The California DMV also adds two points to your driving record. If you exceed a certain number of points, you may lose your license permanently.
FAQs About Wet Reckless vs. DUI in California
What is the difference between wet reckless and dry reckless?
Unlike a wet reckless, a dry reckless does not note the involvement of drugs or alcohol on the defendant’s criminal record. A dry reckless is also not a “priorable” offense.
Is a wet reckless and a DUI a misdemeanor or felony?
A wet reckless is a misdemeanor, while a DUI can be a felony. Most prosecutors charge first-time DUIs as a misdemeanor. However, if you accumulate three convictions within ten years, the fourth offense becomes a felony.
Should I accept the plea deal for “wet reckless” driving?
The benefits of the plea deal vary on a case-by-case basis. Wet reckless convictions require you to plead guilty or no contest to the charge, marking your criminal record. If the jury acquits you of a DUI charge, your criminal history remains spotless. Consult an attorney to understand your unique circumstances and odds of acquittal.
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