Wet Reckless Conviction in Los Angeles
In this article Los Angeles DUI Defense Lawyer discusses Wet Reckless Conviction in Los Angeles. Click on the links below to go directly to your topic of interest.
- WET RECKLESS LEGAL BASIS
- WET RECKLESS CONVICTION – AVOIDS JAIL TIME
- WET RECKLESS CONVICTION – AVOIDS LICENSE SUSPENSION
- WET RECKLESS CONVICTION – AVOID IID
- WET RECKLESS CONVICTION – BETTER RECORD
- WET RECKLESS AND PRIORABILITY
Understanding DUI Arrests and the Importance of a Strong Defense
A DUI arrest can be an overwhelming and frightening experience, especially for someone who has never had any prior contact with the criminal justice system. The consequences can affect your job, your driving privileges, your criminal record, and even your family life. Many individuals, unfamiliar with how to handle a police investigation, may unknowingly say or do things that harm their defense.
If you are being investigated for DUI, it is critical to limit the evidence you provide to law enforcement—without being disrespectful or incriminating yourself. Knowing what to say (and what not to say) can make the difference between an arrest and being let go—or, at the very least, it can weaken the prosecution’s case against you.
A well-handled DUI stop can significantly improve your chances of winning your case in court or negotiating a favorable resolution. In many cases, this can mean reducing a DUI charge to a lesser offense, such as wet reckless driving.
You may have heard that a wet reckless is a better outcome than a DUI conviction—and in many situations, that’s true. Below, we’ll explain what a wet reckless is, how it differs from a DUI, and whether it might be an option in your case.
WET RECKLESS LEGAL BASIS
A wet reckless, codified in the California Vehicle Code Section 23103 per 23103.5, is an alternative charge to a DUI that does not carry some of the punishment and stigma that a DUI does. A “wet reckless” is a legislative creature that recognizes that some DUI cases are weaker and gives prosecutors the tools to settle “weaker” DUI cases for an alternative plea. A “wet reckless” is a negotiated disposition that can be offered by the prosecution to allow the defendants to benefit from a disposition that does not carry some of the consequences of a DUI, exactly when the prosecutor’s case is weaker. Examples of situations where a “wet reckless” can be negotiated are cases where DUI defendants have no priors or a lower blood alcohol level. Conversely, it is harder to negotiate a wet reckless disposition when the blood alcohol concentration is very high or when there are other aggravating factors, such as a car accident. The attorneys at Los Angeles DUI Attorney are experts in negotiating plea alternatives to DUIs, including a “wet reckless” plea.
WET RECKLESS CONVICTION – AVOIDS JAIL TIME
The major advantages of a “wet reckless” plea include no statutory requirement that a defendant serve any jail time as a result of a plea. This is usually becomes very important in second DUI cases, third DUI cases, and other multiple DUI cases because whereas a first offense DUI does not require jail time, multiple DUI cases do. Thus, pleading guilty to a “wet reckless” when charged with a multiple DUI offense will allow your Los Angeles DUI Attorney to settle your Los Angeles DUI case without any jail time.
WET RECKLESS CONVICTION – AVOIDS LICENSE SUSPENSION
Another benefit of a “wet reckless” pleas is that this conviction, unlike a DUI conviction, does not result in a license suspension or license revocation. A DUI, by law, will cause a driver’s license suspension. Upon a DUI conviction, the sentencing court will submit a notice to the DMV that will trigger a license suspension or revocation once the DMV record is updated with a DUI conviction. The suspension will be backdated to the date of the conviction and a letter will be mailed to you informing you that your license is suspended as of the date of the conviction. In addition to the direct consequences of a DUI conviction, the DUI will have some collateral consequences, such as an increase of the insurance rate.
In contrast with a DUI, a “wet reckless” will not result in the suspension or revocation of your driver’s license. This benefit is especially important if you won an APS DMV hearing or a Refusal DMV hearing. Typically, a person who is arrested for a DUI will face both a DMV action and a criminal court case and have to fight each case separately. Losing a DMV hearing will cause a license suspension or revocation in a similar way that losing a DUI case will cause a license suspension or revocation. To avoid any suspension, you need to fight and win both a DUI and a DMV hearing. Yet, a wet reckless plea will avoid a “court” suspension.
WET RECKLESS CONVICTION – AVOID IID
In 2010 California passed a new law that required all persons convicted of a misdemeanor DUI in 4 California counties to install an ignition interlock device in their car. The ignition interlock devise is a device that is wired into a vehicle ignition to prevent a driver with alcohol in his breath from operating a vehicle. The 4 California counties that are part of the pilot program are: Los Angeles, Alameda, Sacramento, and Tulare. The law now requires the installation of IID on every car that a person convicted of a DUI owns or operates. Being convicted of a “wet reckless” or other alternative pleas will not result in an ignition interlock device being installed in a vehicle. An ignition interlock device (IID) is installed at your expense requires calibration every two months and also costs money. Not installing an ignition interlock device will permit a DUI defendant to avoid the embarrassment and cost of an IID.
WET RECKLESS CONVICTION – BETTER RECORD
A conviction for a wet reckless is a conviction for “reckless driving”. Reckless driving is considered a lesser offense than a DUI and carries fewer consequences with the DMV and the courts. Often, a conviction for a wet reckless will avoid collateral consequences of a DUI, such as an effect on some immigration status or professional license. For example, DACA recipients will lose their status with a DUI conviction. The chances of DACA status loss are much lower with a “wet reckless” conviction. It can be pointed out that a “wet reckless” conviction is a much less serious offense by looking at the potential jail time exposure. A “wet reckless” potential maximum jail time is only 90 days, one of the lowest jail time exposures in the California criminal justice system.
WET RECKLESS AND PRIORABILITY
One major disadvantage of pleading to a “wet reckless” in California is that—just like a DUI—it is a priorable offense. This means that if you are arrested for another DUI within 10 years of the wet reckless offense date, the new charge will be treated as a second DUI, even though you were never actually convicted of a first DUI. The term “wet” in “wet reckless” indicates that alcohol was involved, which is why this charge carries serious implications.
Wet Reckless vs. DUI: Similar Penalties, Less Jail Time
Although a wet reckless conviction generally results in less severe penalties than a full DUI, it still comes with similar consequences. One such requirement is attending a DUI education program—albeit a shorter version then for a DUI, typically 12 hours long. The charge still counts against you in the future and can impact your license, employment, and insurance.
The Watson Advisement: A Hidden Risk
Because alcohol is involved in wet reckless cases, Los Angeles prosecutors often insist on a Watson Advisement as part of the plea deal. But this advisement is not optional—it is required by law under California Vehicle Code section 23593 for both DUIs and Wet Reckless convictions.
What Is a Watson Advisement?
A Watson Advisement is a formal warning given to the defendant—either verbally in court or in writing—that drunk driving endangers human life. It also notifies the defendant that if they drive under the influence in the future and someone is killed, they can be charged with second-degree murder, which carries a life sentence in California.
Why the Watson Advisement Matters for Future Cases
This warning is critical because it sets the stage for prosecutors to later argue that you had prior knowledge of the dangers of DUI. As a result, experienced Los Angeles DUI attorneys focus on how the advisement is delivered.
Our Track Record: Favorable Outcomes in DUI Cases
At Los Angeles DUI Attorneys, we’ve negotiated hundreds of DUI cases throughout California. Some result in reduced charges such as wet reckless, while others lead to outright dismissals. Each case is unique, and we tailor our approach to maximize your chances of success both in court and at the California DMV.
Call a Trusted Los Angeles DUI Attorney Today
If you’ve been arrested for DUI in Los Angeles, you don’t have to navigate the system alone. We’re here to help. Call our office today for a free consultation with an experienced DUI attorney in Los Angeles. We’ll answer your questions, help you understand your rights, and develop a legal strategy to protect your future.
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