DUI vs. Wet Reckless in California: What is the Difference and Why It Matters
A wet reckless plea can save you thousands of dollars and months of your life compared to a DUI conviction. Here is what you need to know about this reduced charge.
What Is a Wet Reckless?
A "wet reckless" is a common nickname for a plea to Vehicle Code 23103.5, which is reckless driving involving alcohol. It is not a charge the prosecutor files. It is a reduced charge that your attorney negotiates as part of a plea bargain.
In other words, you cannot be arrested for wet reckless. You can only plead to it as a lesser charge when the original charge is DUI.
DUI vs. Wet Reckless: Side-by-Side Comparison
Here is how the two charges compare:
Probation:- DUI: 3 to 5 years
- Wet Reckless: 1 to 2 years
- DUI: $1,800 to $2,600 (after assessments)
- Wet Reckless: $1,000 to $1,500 (after assessments)
- DUI: Up to 6 months (rarely imposed for first offense)
- Wet Reckless: Up to 90 days (almost never imposed)
- DUI: 3 to 9 months
- Wet Reckless: 6 weeks
- DUI: 4 to 6 months (administrative + court)
- Wet Reckless: No court-ordered suspension (DMV may still impose administrative suspension)
- DUI: Major increase for 3 to 5 years
- Wet Reckless: Still an increase, but typically less severe
- DUI: DUI conviction on your record
- Wet Reckless: Reckless driving conviction (still counts as a prior DUI if you get another DUI within 10 years)
When Can You Get a Wet Reckless?
Prosecutors are more likely to offer a wet reckless when:
- Your BAC was close to 0.08% (borderline cases)
- There are problems with the evidence (bad stop, faulty breathalyzer, procedural errors)
- You have no prior criminal record
- There was no accident or injury
- You are cooperative and have taken proactive steps (like enrolling in an alcohol program voluntarily)
Prosecutors are less likely to offer a wet reckless when:
- Your BAC was very high (0.15% or above)
- You caused an accident
- You have prior DUI convictions
- You refused the chemical test
- There were aggravating factors (speeding, children in the car, etc.)
The Catch: Priorability
Here is the one important caveat. A wet reckless is "priorable," meaning it counts as a prior DUI offense if you are arrested for DUI again within 10 years. So while the immediate penalties are lighter, you do not get a completely clean slate.
That said, the savings in fines, time, and consequences make a wet reckless significantly better than a DUI conviction in almost every case.
How Jack Negotiates Wet Reckless Pleas
Getting a wet reckless offer requires more than just asking. Jack Ter-Saakyan builds leverage by:
- Thoroughly investigating the evidence: Finding every weakness in the prosecution's case
- Filing strategic motions: Motions to suppress evidence put pressure on the prosecutor
- Presenting mitigating factors: Character references, employment history, community ties, and proactive steps
- Knowing the local prosecutors: After 20 years in Pasadena, Glendale, Burbank, and Downtown LA courthouses, Jack knows which prosecutors are open to negotiation and what arguments resonate with them
Not every case qualifies for a wet reckless, and Jack will be honest with you about your chances. But if there is an opening, he will find it.
Is a Wet Reckless Worth It?
Absolutely. The difference between a DUI and a wet reckless can mean:
- $1,000+ less in fines
- Months less of DUI school
- Shorter probation
- No court-ordered license suspension
- A less damaging mark on your record
If you are facing a DUI charge in Southern California, call Jack Ter-Saakyan for a free consultation. He will evaluate your case and tell you whether a wet reckless is a realistic possibility.