San Diego DUI – “Wet Reckless” Plea

If you have been arrested for a San Diego DUI you may hear the term “Wet Reckless” used to describe a reduction to the charges. A “Wet Reckless” plea may be a favorable outcome in your case but it can also have consequences. It is imperative that you speak to a qualified San Diego DUI Attorney before accepting any plea deal. There are a number of issues in every drunk driving offense. You need to understand the law, your rights and the defenses before accepting a plea even if it is a reduction to the initial drunk driving charge.

Vehicle Code Section 23103.5 – Law

In California, driving under the influence is usually charged as violation of Vehicle Code Section(s) 23152 (a) and/or (b). Violation of this Vehicle Code states that you were driving under the influence of alcohol (CVC 23152(a)) with a blood alcohol level of .08% or greater (CVC 23152(b)). The prosecution must prove that you were under the influence and therefore impaired to drive to obtain a conviction of CVC 23152(a) and that you had a blood alcohol concentration of .08% or higher for CVC 23152(b). In some cases, the prosecution may be unable to prove that you were “under the influence” or that you had a blood alcohol level of .08% or higher at the time of driving. Your case may be eligible for a reduction of the charges known as a “wet reckless.” In most cases, the prosecutor will not simply offer a reduction of the charges. An experienced litigator may be able to negotiate the reduction.

Vehicle Code section 23103.5 or a wet reckless is reckless driving with alcohol involved. It does not denote a blood alcohol level (as with violation of Vehicle Code section 23152(b)) and does not state that you were “under the influence” of alcohol. It, therefore, may not carry the same consequences as a plea to traditional DUI charges. A “wet reckless” does not typically have set penalties such as San Diego drunk driving charges. Instead the penalties may be negotiated prior to the plea.

Entering a plea to a “Wet Reckless” in San Diego

There are a number of things to consider prior to entering a plea to a “wet reckless” in San Diego. Only a qualified DUI Defense Attorney can advise you on what is best in your case. Every drunk driving incident is unique. Different facts dictate what is the best possible outcome. With that being said, a plea to a “wet reckless” is still a priorable offense. This means that if you pick up a subsequent DUI charge within 10 years it will be charged as a second offense. Furthermore, you could still face a license suspension through the Department of Motor Vehicles. While there is no action taken from a conviction of a “wet reckless” like there is from a conviction for driving under the influence you can still lose your driving privileges from the Administrative Per Se Hearing that is based solely off of the arrest.

The DUI Defense Law Group can help you navigate the difficult waters following an arrest for a San Diego DUI. Jennifer R. Goldman is an experienced criminal defense attorney who fights for her clients. She is well-versed in the science of DUI defense and is proudly based in the heart of San Diego. She knows the local courts and will not rest until you obtain the best possible outcome in your case. Call the DUI Defense Law Group today at 619-796-6841. Speak to a real attorney and get real results when you need them most.