Reducing a DUI to Reckless Driving or Wet Reckless

A charge of driving under the influence, also commonly referred to as a DUI charge, is a very serious offense in most areas.  Because a DUI can have a lot of negative effects on your life – such as loss of your driving privileges, as well as heavy fines and potential prison time or lengthy probation – you will certainly want to explore alternative options such as reduced charges in order to plead your case and hopefully be sentenced for something other than a DUI charge.  There are two main types of reduced charges for DUI – DUI reckless driving charges, and wet reckless driving charges – that are commonly used by prosecutors in a plea bargain. What are these charges, and how can you get your DUI charge reduced in this way?

Wet Reckless and Reckless Driving

  • A “wet reckless” driving charge consists of a reckless driving charge where alcohol is known to be involved, but your blood alcohol content may be very close to the legal limit of 0.08% and the prosecutor may feel that it will be hard to prove that you were actually intoxicated.  Wet reckless charges are often offered in cases where there is reasonable doubt about whether you were actually DUI, or if there are weaknesses in the state’s case, and they feel that it would be better to charge you with something that will allow for a conviction than to potentially lose the case entirely in court.
  • A regular reckless driving charge can be an even better way to have your charges reduced, because a dry reckless driving charge is not a priorable offense.  What this means is that, if you are convicted of a DUI later, after receiving the reckless driving charge, you will not have the reckless charge counted against you when computing the penalties for the DUI.  Wet reckless charges are sometimes priorable because they involve alcohol, and so can count against you later on if you are convicted of another DUI in a separate incident.

Getting Legal Help

In order to get your charges reduced for DUI, you will want to get an attorney who can help you provide either sufficient proof that you were not intoxicated, or who can introduce enough reasonable doubt in the mind of the prosecutor or the jury that you were not intoxicated, or who can prove that the methods used to determine your intoxication were flawed.  By picking away at the court’s case that you were intoxicated, you may be able to convince prosecutors to give you a reduced charge.

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