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How does a wet reckless differ from a DUI in California?
Question:
I was arrested for drunk driving and a friend told me I may be able to get a first offense DUI reduced to a wet reckless charge. What is the difference?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
A wet reckless charge indicates reckless driving that involves alcohol. This offense is less severe than a DUI in California, which is why attorneys often try to plea bargain down to this charge. However, if you get a DUI within 10 years of getting a wet reckless charge, that DUI will be treated as your second since both offenses involve alcohol. If, on the other hand, you get a DUI more than 10 years after the wet reckless, the DUI will count as your first one. Additionally, note that insurance companies treat a wet reckless the same as they would a DUI, which means your premiums will increase.
Differences in Penalties
A DUI usually requires jail time and suspension of the license, while a wet reckless carries neither of these penalties. In addition, you do not have to get SR-22 insurance coverage as you would in a DUI case, as your insurance provider may still cover you as long as you pay higher premiums. Furthermore, a wet reckless does not require alcohol treatment classes like a DUI does. Instead you face fines that range from $600 to $1200, as well as up to 3 years of probation, which is usually unsupervised.
Wet Reckless as an Alternative to DUI
A wet reckless charge only tends to replace a DUI when the state does not have a strong case against the driver. For example, drivers without a prior record who have a blood alcohol content of 0.10 percent or lower have a chance at this charge. However, those who have one or more alcohol-related offenses, or who had an extreme blood alcohol content, are unlikely to get this less severe alternative to a DUI.
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