Can I Plead to a "Wet Reckless" in New Mexico?

Plea bargaining in New Mexico drunk driving cases.

In some states, it’s possible for a motorist who’s accused of driving under the influence (DUI) to “plea bargain” for a lesser charge. When such a plea bargain is for a reckless driving charge, it’s sometimes called a “wet reckless.”

Plea Bargaining in New Mexico DUI Cases

New Mexico law prohibits reducing a DUI to a lesser charge in cases where the driver’s blood alcohol concentration (BAC) was .08% or more (.04% or more for commercial drivers). Plea bargaining is possible, however, in cases where police didn’t measure BAC or the driver’s BAC was below these limits. (N.M. Stat. Ann. § 66-8-102.1 (2017).)

Benefits of a Wet Reckless Plea

The benefits of pleading to a wet reckless are simple: The penalties for a reckless driving violation are less severe than those for a driving under the influence conviction.

Talk to an Attorney

If you’ve been arrest for driving under the influence, talk to an experienced local DUI attorney. The facts of every case are different. A qualified DUI lawyer can talk to you about what the possibilities are for your case.


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