Last Updated on July 2, 2025
If you are arrested for drunk driving in San Diego County, you won’t necessarily be convicted of driving under the influence. Even if your DUI lawyer can’t help you beat the charges altogether, he may at least be able to have the charges reduced. One of the most common ways this is achieved is through plea bargaining down to a wet reckless charge, a form of reckless driving filed under California Vehicle Code section 23103.5 (VC). Many people who hear about this crime for the first time ask, “what’s the difference between a wet reckless and DUI charge?” Here’s what you should know, but if you have any other questions, be sure to contact a DUI defense attorney Peter Liss.
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Wet Reckless As a DUI Alternative in Vista
So what, exactly, is a wet reckless charge, and how does it differ from a DUI? This conviction is essentially a less serious version of driving under the influence charges.
Wet reckless charges are part of a plea bargain between the prosecution and your DUI attorney in cases where someone was caught driving with a low blood alcohol concentration. Essentially, this charge means that you were driving recklessly by using alcohol or other mind-altering substances. Interestingly, you cannot be arrested for a wet reckless, nor can it be filed as the initial charge. The officer can only arrest you if she believes you were operating a vehicle under the influence and, thus, qualify for a DUI. Prosecutors can then plea down to a wet reckless.
What are the Benefits of a This Reduced DUI Plea?
Wet reckless charges offer many benefits over drunk driving charges. For one, the maximum jail sentence for a wet reckless charge is only 90 days in jail, so even if they throw the book at you, it’s still a shorter sentence than the six-month maximum of a first-time DUI. Next, the probation on a wet reckless is three years versus the standard five years for a DUI case. It also carries lower fines, and you will not be required to install an ignition interlock device.
How a Wet Reckless Will Affect Your License
Perhaps most importantly though, a wet reckless will not result in a mandatory license suspension. You will still be required to attend a DMV hearing and may be subject to a suspended license based on the outcome of that hearing, but the DMV will not impose another suspension based upon a conviction for a wet reckless.
The Downsides Are the Same as a DUI
A wet reckless is a priorable offense though, meaning that a second DUI arrest within 10 years will trigger the wet reckless being treated as a previous DUI conviction. The DUI course is also the same.
The Benefits of a Dry Reckless Charge
In some cases, those accused of drunk driving may even be able to plea down to a “dry reckless,” which is just a standard reckless driving charge. While this option isn’t available for all suspects, it can be even more beneficial than a wet reckless charge because it means:
- your license will not be suspended
- you will not face jail time
- your probation will be shorter
- you will not have a prior DUI on your record
- the fines and fees are less expensive
- you may be able to avoid DUI classes altogether
An Example DUI Plea Situation
These charges are often used in plea bargains where the arresting officer did not get an incomprimised breath or blood sample above the 0.08% BAC limit, so the charges are based largely on the officer’s observations. For example, imagine if an officer saw someone pulled out of the Belching Beaver parking lot and saw them start weaving from lane to lane before blowing a stop sign and cutting someone off at the intersection of East Broadway and South Citrus Avenue. In this case, it would be reasonable for the officer to pull the suspect over and perform a field sobreity test and request a blood sample.
If the suspect has a BAC of 0.06%, but fails the field sobriety test, the officer can still arrest him for driving under the influence. But because the sobriety test is subjective and could be impacted by things like weather, footwear, and nearby traffic, it can easily be challenged. In this case, the suspect’s lawyer could argue the loud, rush hour traffic on Vista Village distracted him during his sobriety test.
While the suspect’s driving was certainly problematic, the lack of hard evidence to his drinking could also be an issue. In this case, his lawyer may be able to secure a dry reckless conviction in a plea deal.
If you are charged with a DUI, the right criminal defense attorney may be able to help you get the charge reduced to a wet or dry reckless. Please contact Peter M. Liss at (760) 643-4050 to schedule a free consultation to discuss your case.
