Can I Plead to a "Wet Reckless" in South Dakota?

Plea bargaining a reduced charge in South Dakota 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 South Dakota DUI Cases

Unlike some other states, South Dakota doesn’t prohibit plea bargaining in DUI cases. So, for someone who’s charged with drunk driving, plea bargaining for a wet reckless or some other lesser offense is a possibility.

However, in cases where a DUI charge is based on the motorist having a blood alcohol concentration (BAC) of .08% or more, prosecutors must explain in court on the record the reason for dismissing or reducing a DUI to a lesser charge. (S.D. Codified Laws § 32-23-1.3 (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 generally less severe than those for a DUI 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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