Under California law, wet reckless is alcohol-related reckless driving. You cannot be arrested and charged with wet reckless. Instead, it is a reduced charge for defendants facing DUI criminal charges. Drunk driving is a serious offense involving operating a vehicle under drug or alcohol influence. This means that your BAC exceeded the legal limit or that your conduct was impaired while driving. California's drunk driving laws are stringent.

If you are convicted of DUI, you risk facing harsh penalties, including jail time, fines, and driver's license suspension. One of the defense strategies in a DUI case is negotiating a wet reckless plea deal. This allows you to plead guilty to reckless driving with an alcohol notation. A wet reckless conviction results in a shorter jail sentence, lower fines, and no mandatory driver’s license suspension.

Although a wet reckless plea offers numerous benefits, not all DUI defendants can benefit from the deal. The prosecution must agree to the plea deal and will only do so when their DUI case against you is weak, or you are a first-time offender. If you are considering the wet-reckless plea for your DUI case in Fresno, CA, you will benefit from our expert legal guidance at California Criminal Lawyer Group.

Overview of Wet Reckless

California VC 23103.5 is not an independent offense in California. Instead, charges for the offense arise as a reduction for DUI charges. Arrests and charges for drunk driving arise when you operate a vehicle under alcohol or drug influence. You were considered to be under the influence when your BAC was higher than the legal limit. California DUI laws have different legal limits for different categories of drivers.

Most defendants facing drunk driving charges want to walk away with a not-guilty verdict or case dismissal. This is because a DUI conviction can have a devastating impact on your life. Unfortunately, prosecutors are often aggressive in prosecuting DUI cases, and securing a conviction is their priority.

Seeking a wet reckless plea deal is an alternative way to handle your DUI case and avoid harsh consequences. Wet reckless is alcohol-related reckless driving. Entering a wet reckless plea means you must plead no contest or guilty to violating California Vehicle Code 23103.5. In exchange, the judge will dismiss your DUI case. The chances of securing a wet reckless plea are slim, and you must negotiate with the prosecution. Additionally, the court must agree to it.

A wet reckless plea is not beneficial for all DUI defendants. Whether or not you accept the plea will depend on the circumstances of your case. If you believe you have a high chance of avoiding a DUI conviction, you can allow your case to go to trial and present a defense with the guidance of your defense lawyer.

Factors that Compell the Prosecutor to Accept Your VC 23103.5 Plea

California's DUI laws are stringent. When a person is arrested and charged with drunk driving, the prosecutor is aggressive in obtaining a conviction. However, there are times when they could allow you to face a conviction for a lesser charge, including:

  • The DUI charge is your first offense. California law is stringent on DUI repeat offenders. Therefore, if you do not have a prior DUI or wet reckless convictions on your record, the prosecution can allow you to enter the wet reckless plea for your case.
  • Your previous DUI conviction was over ten years ago. California has a lookback period of ten years for DUI cases. Therefore, your plea deal could be accepted if your prior conviction was more than ten years ago.
  • Your BAC was slightly under the legal limit. Your blood or breathalyzer test results significantly affect your case. The prosecution will pursue a DUI case if your BAC exceeds the limit. However, if the BAC was close to the limit, your case may be based on impairment. In this case, a knowledgeable lawyer could convince the prosecution to lower your charges to wet reckless.
  • The evidence collected against you is weak. Whether or not the prosecution will accept your wet reckless plea depends on the strength of their evidence against you. The prosecutor’s case could be weak if some evidence is suppressed. Your attorney can petition the court to suppress evidence collected in an illegal search or when law enforcement officers violate your rights.
  • There is a case of rising BAC. Your blood alcohol content does not stop rising when you stop taking alcohol. If there was a delay between the DUI stop and the administration of the blood or breathalyzer test, your BAC could rise above the legal limit.

Advantages of a Wet Reckless Plea

Fighting your DUI charges is critical to avoiding the consequences of a conviction. Building and presenting a strong defense requires you to have expert legal guidance by your side. The main goal of a DUI defense is to have your case dismissed or for you to be found not guilty of drunk driving. However, when these outcomes are not likely, you can negotiate with the prosecution for a wet reckless. The advantages of entering a wet reckless plea include the following:

Shorter Time Behind Bars

Incarceration is one of the most dreaded consequences of a criminal conviction. Spending time behind bars will not only take away time you could spend with your family but also cause emotional and psychological stigma. Unlike a DUI conviction that results in a maximum jail sentence of six months, you will serve a maximum of ninety days for alcohol-related reckless driving.

Less Mandatory Minimum Sentence

As a first-time DUI offender, you can avoid incarceration by serving a probation sentence. However, a minimum sentence is mandatory for defendants with extensive criminal history. The mandatory minimum sentence for a wet reckless conviction is five days in jail, significantly lower than the ninety days you must serve in jail for a DUI repeat offender.

Shorter Probation Sentence

Sometimes, the court could sentence you to probation after your DUI or wet reckless conviction. A probation sentence allows you to serve part of your jail sentence through community service.

The wet reckless probation sentence lasts up to two years, which is lower than the three to five years of DUI probation. Serving a lengthy probation sentence delays your ability to petition the court for an expungement of your conviction. Additionally, you will be tied to the justice system, and your life will be restricted.

Lower Court Fines

In addition to incarceration and probation, the court may impose fines after your conviction for DUI or wet reckless. The court imposes fines of up to $1000 after a conviction for wet reckless. This is significantly lower than the fines for DUI, which add up to $3000 when you add the quote assessment fees.

No Mandatory Court-Ordered License Suspension

If you are found guilty of drunk driving in California, you will face a mandatory driver’s license suspension for up to six months for the first offense. Your driver’s license suspension may be harsher if you’re underage or refuse to take tests during the DUI arrest.

A conviction for alcohol-related reckless driving will not result in a mandatory license suspension. Therefore, pleading guilty to wet reckless will allow you to retain your driver's license.

No Mandatory Suspension of your Commercial Driver’s License

Commercial drivers are held in high regard in California. Drunk driving involving commercial drivers is not taken lightly. You can be arrested and charged with commercial DUI if you operate a vehicle with a BC that exceeds 0.04%.

After your DUI conviction, you will face a mandatory commercial driver's license suspension, which is not applicable when you enter a wet reckless plea.

Less Impact on Your Professional Life

The consequences of a drunk driving conviction go beyond incarceration and fines. Having a conviction on your record can impact your professional life. If you work in a profession that requires a license to practice, your licensing board will be notified of your conviction.

This could result in serious scrutiny and the loss of your professional license in a suspension or revocation. Losing your license can significantly impact your career and livelihood. Additionally, you could find it challenging to secure employment with a DUI on your record. Employers and licensing boards are more lenient in individuals with a wet reckless conviction.

Shorter Time in DUI School

After a drunk driving-related conviction, the court will impose a mandatory requirement to attend DUI school. You must attend DUI school for up to three months after your DUI conviction. On the other hand, your enrollment in this program after a wet reckless conviction will only last up to six weeks.

Downsides of a VC 23103.5 Conviction

While a wet reckless plea offers numerous benefits for individuals facing DUI charges, the plea deal is not for everyone. You must understand the following downsides of the bargain before presenting it to the prosecution for approval:

Wet Reckless is a Prior

Like DUI, alcohol-related reckless driving is a prior. So if you have a prior conviction for DUI or wet reckless, you will be treated like a repeat offender after entering the Plea. Additionally, your conviction will act as a prior in subsequent DUIs. You will face harsher legal penalties and more life-changing collateral consequences for the repeat offense.

You Could Still Face a DMV Driver’s License Suspension After a Wet Reckless Plea

You enter a wet reckless plea after an arrest and the filing of criminal charges. Mostly, you can consider the plea after discovering the prosecution has evidence against you. The DMV will attempt to suspend or revoke your license up to ten days after your arrest. Therefore, you must schedule a DMV hearing and fight your license suspension.

If you win the DMV hearing, you can continue to use your driver's license as you await your criminal trial. However, a loss in the hearing or failure to schedule one will result in an automatic driver’s license suspension. Even when your case proceeds to trial and you successfully enter a wet reckless plea, the DMV driver’s license suspension will not be overturned.

A Penal Code 23103.5 Conviction Will Enter your Criminal Record

Even after serving your sentence and paying your fines, a DUI conviction will remain on your record and can affect multiple aspects of your life. Entering a wet reckless plea deal will not protect you from having a criminal record. Since wet reckless is not an independent offense, it can appear on background checks and can be used againist you.

Frequently Asked Questions on Wet Reckless

Being arrested for drunk driving can be a nerve-wracking experience. The thought of spending time in jail, losing your driver’s license, and dealing with a criminal record can take a toll on you. After your arrest, you may be uncertain of the right steps you can take to protect your constitutional rights and secure a favorable outcome in your case. The following are frequently asked questions about wet reckless:

  1. Do I need SR-22 proof of insurance after a PC 23103.5 conviction?

A criminal conviction does not trigger a requirement for SR-22 insurance. Instead, suspending your driver’s license during your DMV hearing triggers this requirement. After your license suspension is needed, your rights are not reinstated automatically. You must pay the necessary fees and provide proof of insurance before reinstatement.

  1. Can the prosecution force me to accept the Penal Code 23103.5 plea?

The prosecution in your drunk driving case aims at securing a conviction and holding you accountable for the violation. Therefore, if their DUI case against you is weak, they could present a wet reckless plea to you.

Before entering a plea deal, you should assess your case and weigh your options to determine how much the agreement benefits you. If you have a strong defense and are likely to avoid a DUI conviction, you can decline the prosecutor's offer and go to trial.

  1. Can I Expunge a Wet Reckless Conviction?

Even after entering a plea deal and avoiding a DUI conviction, your wet reckless conviction will enter your criminal mind. Criminal convictions in California are public records. Therefore, anyone who performs a background check on you can find the conviction. You can avoid the disability of your conviction by petitioning the court for an expungement under California Penal Code 1203.4.

Expunging your record allows you to deny any prior convictions. Additionally, potential employers cannot use the expunged conviction against you. You can file your expungement petition after completing your probation sentence for wet reckless. Additionally, you must ensure you are not facing charges for another crime.

  1. Why would the prosecution deny my wet reckless plea?

Not all DUI defendants can escape a DUI conviction by entering a wet reckless plea. The prosecution or court can deny you the plea if you are a repeat offender. Additionally, you cannot enter a plea when the evidence in your case is overwhelming.

Alternative Pleas for DUI

In addition to wet reckless, you can use other DUI plea deals to avoid the harsh consequences of your drunk driving conviction. The suitability of a drunk driving plea deal will depend on the circumstances of your case. Other plea deals you could negotiate in this case include the following:

Dry Reckless

You could enter a dry reckless plea for your DUI charges when you agree to plead guilty to reckless driving without the alcohol notation. Dry reckless is a more favorable plea deal for DUI than wet reckless. Dry reckless involves operating a vehicle with a willful disregard for the safety of other people. Unlike wet reckless, there is no alcohol notation in your dry reckless plea.

The prosecution in your case will accept the dry reckless plea when there is insufficient evidence to prove that you were intoxicated while driving. Therefore, your DUI attorney can advise you to seek this plea when your BAC is below the legal limit from your breathalyzer and blood test.

Some of the reasons why dry reckless is a better plea than wet reckless include:

  • Vehicle Code 23103 is not Priorable

Wet reckless, and DUI are priorable offenses. This means that a prior conviction for wet reckless will impact subsequent offenses. Being treated as a repeat offender means that you will face harsher penalties.

  • Insurance Companies Can Look Over Dry Reckless

One of the most feared collateral consequences of a DUI or wet reckless conviction is the reaction of your auto insurance company. Since Wet Reckless has an alcohol notation, your insurance provider can increase your monthly premiums or cancel your policy. However, most insurance companies will overlook the dry reckless conviction that does not involve alcohol use.

  • No Mandatory Driver’s License Suspension

A DUI conviction in California has a mandatory driver’s license suspension of up to six months. The suspension will be longer if you have a prior conviction for DUI or reckless. A conviction Under VC 23103 will not trigger a mandatory license suspension. Instead, two points could be added to your record and contribute to negligent operator status.

Exhibition of Speed

Under California VC 23109, accelerating to a dangerous speed to draw attention to bystanders or for amusement is a crime. In addition to being an independent offense, this crime is a common plea deal for a drunk driving charge. Speeding creates probable cause for a DUI stop in California. Therefore, law enforcement officers could assume that your speeding is related to drunk driving.

You can avoid liability for a drunk driving conviction by negotiating with the prosecution to enter this plea. This allows you to plead guilty to driving at a dangerous speed in exchange for dismissing your DUI case. A violation of California VC 23109 is a misdemeanor that attracts a jail sentence of up to ninety days. You can avoid incarceration for this offense by serving a probation sentence.

Drunk in Public

Under California law, public intoxication is an offense. You can be charged with this offense if your intoxication caused you to act recklessly. In addition to being a standalone offense, public intoxication can be used as a plea to DUI. The prosecution must prove that you drove a vehicle for you to be convicted of drunk driving. Therefore, if this evidence is lacking in your case, but the prosecution has evidence of intoxication, you can negotiate this plea.

Another factor that can convince the prosecution to agree to the drunk in public plea is when you are found passed out in a parked vehicle. By pleading guilty to being drunk in public, you will avoid the driver’s license suspension and other collateral consequences of a DUI conviction.

Find a Reliable DUI Lawyer Near Me

Facing an arrest and criminal charges for drunk driving is a devastating experience. The consequences of a conviction for DUI are serious and life-changing. Therefore, you must be aggressive in fighting the charges. The best outcome in your DUI case would be a dismissal or an acquittal.

However, there are other ways to minimize the offense's impact, including plea deals. In a plea deal, you plead guilty to a less serious offense and avoid liability for the offense for which you were charged. Wet Reckless is the most common plea deal for drunk driving charges.

Although there is an alcohol notation to wet reckless plea, the offense attracts less severe legal and collateral consequences than DUI. However, you must understand that wet reckless is still a priority and can result in a driver’s license suspension. Entering a wet reckless plea is beneficial if the prosecution has evidence against you and the likelihood of prevailing in your DUI case is low.

Prosecutors in California are aggressive when handling DUI cases. Therefore, you must have a skilled criminal attorney to help you convince the prosecution to accept your plea. At California Criminal Lawyer Group, we offer legal guidance and representation for our clients battling drunk driving charges in Fresno, CA. Call us at 559-712-8377 to discuss your case details.