Can I Plead to a "Wet Reckless" in Delaware?

Plea bargaining in Delaware 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 Delaware DUI Cases

Unlike some other states, Delaware doesn’t restrict 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.

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. However, when a DUI is reduced to a reckless driving charge—in addition to the standard reckless driving penalties—the offender must complete a substance abuse program. And generally, a wet reckless will count as a DUI prior if the motorist is convicted of driving under the influence in the future.

(Del. Code Ann. tit. 21, §§ 4175, 4177B, 4177D (2017).)

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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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