-Many times in a DUI case, the defense lawyer and the
prosecutor will reach a plea bargain to reduce the DUI
charge to something that we call a wet reckless.
Which basically just means a reckless
driving involving alcohol.
Now there's pros and cons to a wet reckless.
And I want to talk about those pros and cons today.
But first of all, just by way of clarification, if you take
a wet reckless deal, it doesn't necessarily mean that
you were driving recklessly.
So people say all the time well, but I wasn't driving
recklessly.
I was stopped at a checkpoint.
I mean, the cops didn't even see me driving at all.
Well, it's what we call a legal fiction.
And what it means is even though you weren't driving
recklessly necessarily, you still agree to plea to that
charge because it's better than pleading to a DUI.
Now the benefits of a wet reckless are several fold.
First of all, there's usually a shorter time of probation.
There may be no DUI school, and if there is, it's usually
a much shorter DUI school.
The fine is usually less.
And it does not trigger a court imposed license
suspension.
Now if you lose your DMV hearing, you might get a
suspension anyway that way.
But simply being convicted in court of wet reckless does not
automatically a trigger license suspension.
And a lot of people feel that it doesn't look as bad on
their record as a DUI or driving under
the influence does.
So there are some definite benefits.
Now in a situation where someone is looking at a second
time DUI or a third time DUI, the benefits of a wet reckless
are even greater.
Because with each successive DUI that you get, the
penalties are exponentially greater.
So on a second time DUI for example, there's a minimum of
four days jail and usually an 18 month DUI school.
On the third time DUI, it's a minimum of 120 days jail and
usually at least an 18 month DUI school and a three year
license suspension.
But none of those mandatory penalties
apply with a wet reckless.
So if we have a third time DUI client and we can get his
charge reduced to a wet reckless and avoid a three
year license suspension and avoid a minimum of four months
in jail, that can be a great benefit to the client.
Now the downside to a wet reckless is that it's still
priorable as a DUI.
And what that means is that if you're convicted of DUI or wet
reckless and you get another DUI some time
in the next 10 years--
God forbid--
then it would be treated as a second
offense, second time DUI.
Even though your first case was reduced from a DUI to a
wet reckless, the court will look at it as the functional
equivalent of a DUI on your record.
And that's very serious because you never know what's
going to happen in 10 years.
And I have clients who come to me and they say, look, this
has been a wake up call for me.
I've learned my lesson.
I'm never going to take a sip of alcohol and get behind the
wheel again.
And I hope that's true.
And I mean, I think that would be a great thing if they lived
up to that.
But the reality is, they may be at a party, they may be at
a wedding, they may be an event someday, and they
unfortunately get in this situation again.
It's much better if you don't have that DUI prior on your
record, whether it's a DUI or a wet reckless.
So that's the downside to a wet reckless is it's still
priorable as a DUI.
But in many cases in a second time, third time DUI, and even
in a first time DUI, it definitely can have benefits.
There's definitely value to getting your DUI charge
reduced down to a wet reckless.