wet
reckless
Pronunciation: "'wet re-kl&s"
n. a plea to a charge of reckless driving which was "alcohol
related." A wet reckless results from a plea bargain to reduce a
charge of drunk driving when the amount of blood alcohol was
borderline illegal, there was no accident and no prior record. The
result is a lower fine, no jail time and no record of a drunk
driving conviction, but if there is a subsequent drunk driving
conviction the "wet reckless" will be considered a "prior" drunk
driving conviction and result in a heavier sentence required for a
second conviction.
CALIFORNIA LICENSE #0213417
SR22 QUOTE
Your DUI sentence has
been reduced to a wet-reckless! You are on your way to getting your drivers
license back! The California DMV will be requesting that you get an sr22 filing,
- no problem there, we can get you covered in the next 15 minutes if the pricing
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The wet reckless began in 1982.
Prosecutors wanted another option in borderline DUI or DUI cases, rather than
risk losing a conviction. However, it is also a lesser crime. The wet reckless
is a misdemeanor, not a felony, and the penalties are less severe.
Wet Reckless: Reduced DUI Charge
Wet Reckless (enacted January 1982)
Plea Bargain Down from a DUI charge to a 'Wet Reckless' charge
This is a charge to the lesser included offense of violation of 23103. The term
wet reckless does not actually appear anywhere in the statutes.
Instead, a 23103 conviction is specially permitted where (1) the defendant
pleads guilty to a violation of 23103, in satisfaction of or as a substitute
for, an original charge of non-injury drunk driving 23152, (2) the prosecutor
states for the record a factual basis, including facts disclosing whether or not
alcohol or drugs were consumed, and (3) the court advises the defendant of the
drunk driving sentence enhancement consequences of the conviction (23103.5).
Wet reckless 23103.5
1. Counts as a prior conviction is convicted again within 10 years.
2. Insurance companies treat it as a DUI.
A "dry" reckless is also an occasional disposition in a DUI. Where "dry"
reckless is the disposition, there need not (and must not) be compliance with
23103.5. That's because the separate offense of reckless driving could have been
charged in the first place. Therefore it's not a satisfaction or substitution
(23103.5) for a drunk driving charge.
A "dry" reckless conviction results where a charge of violation of 23103 is
simply added to the complaint as an offense that could have been charged
originally, the defendant pleads guilty to it, and the DUI charge is dismissed.
To be certain that the conviction will not become a DUI sentence enhancement in
the future, be sure to state that the conviction is understood by all to be "not
in accordance with 23103.5". And be sure the clerk understands that Disposition
Code "R" does not go on the abstract sent to the DMV.
WET RECKLESS PENALTIES
Approximately 17 years ago, the legislature created a new statute known as "wet
reckless" - reckless driving that is related to alcohol (Vehicle Code Section
23103.5). It is a bazaar fiction that there is no requirement that there is any
reckless driving. The legislature's purpose was to encourage plea bargains in
close cases - giving defendants a reason to plead guilty and yet giving to
government a way to get convictions. The following are the approximate usual
penalties imposed for cases reduced from a DUI to a "wet reckless" (as of March
1999):
$600 - 1,200.00 in fines;
three years of "informal probation"
It is important to remember that a person who receives this reduction is still
viewed as having suffered a "prior" DUI conviction should they receive another
DUI arrest in the next ten years. This means you are treated the same by the DA
and the judge as if you had pled to a DUI instead of the wet reckless. DMV and
insurance companies treat the charges the same also (Two points against your
license and increased insurance premiums).
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