Under California Vehicle Code 23103, dry reckless is operating a vehicle disregarding other people’s safety. While you can face an arrest under this statute, the offense is a typical plea deal for a defendant facing a drunk driving charge. DUI is a serious offense that attracts severe legal and collateral consequences.

When you face DUI charges, you must be aggressive to fight the charges and avoid a conviction. A common DUI strategy in California is negotiating a reckless driving plea deal. Since alcohol will not be a factor in your plea, you are guaranteed a shorter jail sentence, lower fines, and shorter probation. Additionally, you can avoid the mandatory license suspension.

Not all DUI defendants will be eligible for a dry-reckless plea. In most cases, the court will accept your dry-reckless plea when there is insufficient evidence to prove intoxication in your DUI case or your BAC was lower than the legal limit. At California Criminal Lawyer Group, we offer reliable legal guidance for our clients facing drunk driving charges in Fresno, CA.

Dry Reckless Under CPC 23103

Dry reckless is an offense that arises when you drive a car with disregard for other people’s safety. Your actions are considered reckless if you ignore the danger you pose to the safety of other people. A conviction for reckless driving or dry-reckless results in a sentence of up to 90 days in jail. Additionally, you can be sentenced to fines that do not exceed $390.

In addition to being a stand-alone offense, dry recklessness is a common plea for defendants facing charges of driving under the influence of alcohol or drugs. With a dry-reckless plea, alcohol will not be a factor in your case. Entering a dry-reckless plea means you will plead guilty to violating Vehicle Code 23103 in exchange for dismissing your DUI case.

A plea bargain is an agreement made between the prosecution and the defendant. With the guidance of a skilled lawyer, you can determine whether the dry-reckless plea is favorable for your case.

Benefits of a Dry Reckless as a Plea to DUI

When you consult with a competent criminal defense attorney, they will advise you on the alternatives you can explore to avoid a DUI conviction, which include pleading guilty to dry recklessness. The following are the benefits of entering a PC 23103 plea for your DUI case:

Reckless Driving is not Priorable

Drunk driving has a lookback period of up to ten years. Therefore, your prior convictions impact the sentencing and punishment for your correct offense. You will face penalties for a second offense when you have not more than one DUI conviction on your record. This could increase the seriousness of the punishment you face. One of the most significant benefits of entering a reckless driving plea is that reckless driving is not priorable. Therefore, your past DUI convictions will not affect the penalties you face for the offense.

Less Time in Jail

When you plead guilty to dry recklessness in exchange for a dismissal of your DUI case, you will spend up to 90 days in jail. This jail sentence is significantly lower than the six months you could spend in jail if you are convicted of DUI.

Shorter Probation

Under California law, a defendant facing DUI or reckless driving charges could be sentenced to misdemeanor probation instead of jail time. While probation for DUI runs between three and five years, your probation sentence could be one or two years when you plead guilty to reckless driving. A shorter probation sentence is beneficial when you seek to expunge your conviction.

Although an expungement can allow you to avoid the disabilities of your conviction, you must have completed your probation sentence. After serving your one to two years of probation or seeking an early probation termination, you can petition the court to expunge your wet reckless conviction.

In addition to meeting the eligibility for expungement, serving shorter probation shortens the period within which you are tied to the court system.

Lower Fines

The penalties for a drunk driving conviction or reckless driving could include incarceration, fines, and probation. The maximum penalty for a drunk driving conviction is $1,000. The fines could increase to a maximum of $3,000 with the penalty assessments. However, when convicted of being dry-reckless, you could face a maximum of $390.

No Mandatory Installation of an Ignition Interlock Device

One of the penalties you will face after a conviction for DUI is the suspension of your driver’s license. After a license suspension, the court can allow you to continue driving in a restricted area. However, you must install an IID to monitor your blood alcohol content before you start the vehicle.

Installing an IID will cost you $100 in California. Besides, you will incur maintenance fees for the device. Fortunately, if you are convicted of reckless driving under Vehicle Code 23103, the judge will not order an IID installation.

Avoid DUI School

The judge will order you to attend DUI school for a specified period after your conviction for driving under the influence of alcohol. As a first-time offender, you will attend DUI school for a maximum of eighteen months. Attending DUI school is not required if you are convicted of dry reckless.

No Mandatory Driver’s License Suspension

The most severe consequence of your DUI conviction will be the suspension or revocation of your license. The court or the DMV could impose the license suspension. The DMV will suspend your license for a maximum of six months for your first DUI offense. The suspension will be longer for defendants with prior DUI or wet reckless convictions on their record.

You will not face a mandatory driver's license suspension if your DUI offense is reduced to a dry reckless. However, a negotiation for a plea deal is entered into before the trial. Therefore, you must schedule and attend a hearing with the Department of Motor Vehicles after your arrest to contest an administrative license suspension.

Circumstances under Which the Court Will Offer a Dry Reckless Plea

Dry reckless is a favorable plea for a DUI case. However, not all defendants will be eligible for this plea. The prosecution can allow you to plead guilty to reckless driving and dismiss your DUI under the following circumstances:

Low BAC Levels

The result of your blood alcohol content levels is a critical piece of evidence in your DUI case. The arresting officer will administer a breathalyzer test when you are stopped for alleged drunk driving. A blood test could also be administered after the arrest to confirm your BAC. You will be charged with DUI if your BAC exceeds the limit. The legal limits for BAC in California vary depending on the type of driver’s license under which you operate.

Before allowing you to enter a plea under CPC 23109, the prosecution will consider the results of your BAC. If your BAC is significantly lower than 0.08% at the time of arrest, you can avoid a drunk driving conviction and plead guilty to reckless driving without alcohol involvement.

Common ways you can dispute the accuracy of your BAC test results are by presenting these arguments:

  • You had a rising blood alcohol content.
  • The Breathalyzer device was faulty.
  • The arresting officers did not follow the right procedures in administering your blood test and handling the sample.
  • You have a medical condition like type 2 diabetes, which contributed to the excessive consumption of alcohol.

Weak Evidence

After your arrest for driving while intoxicated, the prosecution will gather all the evidence necessary to build a strong case against you. There are times when the evidence is insufficient or was obtained illegally. This weakens the prosecutor’s case and increases your chances of beating the charge.

Another factor that could weaken a prosecutor's DUI case against you is the lack of probable cause for a DUI stop or arrest. Prosecutors do not want defendants to walk away from the DUI case without facing any penalties. Therefore, if a weak case is unlikely to result in a conviction, they could present a dry-reckless plea to you. While a dry-reckless bargain can be attractive, you should only accept it after consulting with your attorney.

Other DUI plea Deals

For defendants who are ineligible for the reckless driving plea, there are other plea options you can negotiate with the court to avoid a DUI conviction, including:

Wet Reckless

You cannot be arrested for wet reckless. Instead, the charge arises as a plea for DUI charges. Since there is an alcohol notation in the wet reckless plea, prosecutors are often open to the idea of defendants pleading guilty to wet reckless in exchange for a dismissal of their DUI case. Although wet reckless is less serious than DUI, pleading guilty to the offense means that you could face the following penalties:

  • A jail sentence of up to ninety days.
  • Up to two years of misdemeanor probation.
  • Up to twelve hours of alcohol education or a drug abuse program.

If there is evidence showing your intoxication, the court may deny you this reckless plea and allow you to plead guilty to wet reckless. While a wet reckless plea can save you from the lengthy jail sentence and fines accompanying a DUI conviction, the offense is still priorable. Like DUI, your past wet reckless convictions will count as priors.

If you have a conviction for DUI or wet reckless on your record, accepting a wet reckless plea for your current charge will result in penalties for a second offense. Another factor you must consider before entering a ‘wet reckless’ plea is that the DMV will suspend your license after you plead guilty under this statute.

Exhibition of Speed

Entering a plea deal for exhibition of speed is a common way to beat your DUI charge and avoid the harsh consequences of a DUI conviction. The law under California VC 23109 prosecutes individuals who engage in street races or drive at excessive speed. This behavior is considered dangerous since a vehicle moving at a high speed can quickly lose control and cause catastrophic accidents.

Sometimes, a DUI case begins when your vehicle is stopped for speeding or other reckless behavior on the road. Fortunately, a violation of traffic rules does not equal intoxication. You can avoid a DUI conviction by pleading guilty to this offense.

You can beat your DUI with a speeding plea when you are a first-time offender. Unlike DUI, there are no mandatory jail sentences for defendants convicted of exhibition of speed. Instead of spending time behind bars, the court could sentence you to informal probation. The long-term benefits of entering this plea include:

  • There is no alcohol associated with the exhibition if speed is plentiful. For this reason, you will not have a drunk driving conviction on your criminal history. Additionally, you will avoid the license suspension imposed by the DMV for defendants convicted of DUI.
  • Auto insurers overlook VC 23109. Your vehicle insurance provider will be notified when you are convicted of DUI or enter a plea for ‘wet reckless. Drunk driving is considered reckless behavior, which can result in the cancellation of your insurance policy or an increase in your premiums. However, insurance companies are not concerned about drivers found guilty of violating VC 23109.
  • The exhibition of speed is not a ‘prior.’ Like dry-reckless exhibition of speed does not count as a prior. If you have other DUI convictions on your record, accepting the plea under this statute will not cause you to be treated as a repeat offender.

Frequently Asked Questions on Dry Reckless in California?

Whether you are arrested and charged with reckless driving or consider entering a dry-reckless plea, you may be unsure of the right steps to take to protect your constitutional rights and secure a favorable case outcome. The following are frequently asked questions on dry reckless:

  1. Can I expunge my record after entering a dry-reckless plea?

Yes. If you face a conviction for reckless driving, you will be entitled to an expungement. Under California Penal Code 1203.4, an expungement is a post-conviction relief that helps you avoid the collateral consequences of a criminal conviction.

An expungement process involves a withdrawal of your guilty or no contest plea and replacing it with a guilty verdict before dismissal of your case. You will be able to expunge your dry-reckless conviction by filing a petition with the court and attending a hearing. However, you must meet the eligibility criteria.

Completing your probation is a critical criterion to qualify for expungement in California. This means you must complete the probationary term and follow all the court-imposed terms. Entering a dry reckless allows you to serve shorter probation and petition for an expungement.

  1. Should I accept a dry-reckless plea?

A plea deal is always an option for dealing with a lesser charge with the potential for less severe penalties. Accepting a dry-reckless bargain when you face DUI charges will offer the following benefits:

  • It saves time and expenses you could incur for a trial. Your case is resolved faster when you enter a plea bargain. This saves you from the many trips to the courthouse. Additionally, it reduces the time you are tied to the criminal court case.
  • You will be sure of your sentence. When you enter a plea, you do so with an understanding of the penalties you face. This saves you from the uncertainty of going to trial and battling the DUI case.
  • Avoid maximum sentences for the crime. Dry reckless is one of your DUI case's most favorable plea deals. Since alcohol is not a present factor in a dry-reckless, the legal and collateral consequences of the conviction will be significantly lower. When you go to trial, you risk facing the maximum sentence for DUI.
  • Entering a plea deal could involve dropping the prosecution's other charges against you. This ensures that you face less punishment and avoid dealing with multiple charges.

However, not all plea deals are ideal for your case. Before entering a dry-reckless plea, you must consider the following factors:

  • The strength of the prosecutor’s DUI case. If the prosecution does not have a strong case against you, there is a likelihood of beating the charges. It would be best to go to trial.
  • The strength of your defense. If you have a strong defense or a solid basis to attack the prosecutor’s case, your attorney could advise you to decline a plea deal and go to trial.
  • The evidence that the prosecution has against you. You can obtain this evidence during the discovery phase of the case.

Although entering a plea deal for dry reckless offers many benefits, accepting the deal will deny you the chance to fight your case. Additionally, you will accept liability for reckless driving, which can impact your driving record.

  1. What is the difference between dry reckless and wet reckless?

Wet reckless and dry reckless are lower charges than DUI. Accepting a plea deal for either of these offenses helps you avoid the harsh penalties of a DUI conviction. However, there are significant differences between the pleas that are important to understand before proceeding with your case:

  • Wet reckless is a priorable offense. Although wet reckless and dry reckless are reduced charges to DUI, wet reckless is a prior, which is not the case with dry reckless. A crime is considered a prior if your previous convictions impact the sentencing of your subsequent offenses. Like DUI, there is a ten-year look-back period for wet recklessness. This means that you will be treated as a repeat offender when you have prior convictions. The severity of your penalties for DUI will increase with the increase in prior DUI or ‘wet reckless convictions.
  • Wet Reckless has an alcohol notation. When you plead guilty to” wet reckless to avoid a conviction for DUI, your case will have an alcohol notation. This means that your reckless driving was influenced by alcohol. The alcohol notation will impact how the Department of Motor Vehicles handles your case. With a dry-reckless plea, there is no alcohol notation and fewer DMV repercussions for the offense.
  • Dry reckless can be a standalone offense. You could be arrested and charged with violating California VC 23103. This will occur when you operate a vehicle with disregard for the safety of other road users. On the other hand, you cannot be arrested for ‘wet reckless.’ Instead, the charge only arises as a plea bargain for your DUI case.
  • There is a mandatory license suspension for wet reckless. When you enter a plea deal for wet reckless, you will face a driver’s license suspension by the DMV. This is because alcohol is considered a factor in your reckless driving. However, if you enter a plea deal for dry reckless or are convicted for the offense, you will avoid the mandatory license suspension.

Find a Skilled Criminal Lawyer Near Me

If you operate a vehicle with disregard for the safety of other people, you can face an arrest for reckless driving charges. In addition to being a standalone charge, dry reckless could be a plea bargain for your DUI charge. Unlike wet reckless, where there is an alcohol notation in your plea, a dry reckless plea does not involve alcohol. This makes it more favorable to your case.

Entering a dry-reckless plea for your DUI case means that you will plead guilty to reckless driving in exchange for a dismissal of your DUI case. This allows you to face a significantly lower punishment for your offense. In addition to avoiding the harsh penalties of your DUI conviction, the dry-reckless plea does not carry much weight on your criminal record.

California has strict DUI laws. Therefore, the prosecutors are reluctant to enter a dry-reckless. You will need a skilled attorney to show that your BAC was below the legal limit or establish doubt in the prosecutor’s case for a chance at this plea. At California Criminal Lawyer Group, we offer reliable legal guidance and representation to secure favorable outcomes in your case in Fresno, CA. Contact us at 559-712-8377 today for much-needed assistance.