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

Plea bargaining in Kentucky 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 Kentucky DUI Cases

Kentucky law generally prohibits prosecutors from reducing a DUI to a lesser charge in cases where the motorist either refused chemical testing or had a blood alcohol concentration (BAC) of .08% or more (.02% or more for drivers under age 21). However, in DUI cases that don’t involve a testing refusal or an excessive BAC, plea bargaining for a reduced charge is a possibility. (Ky. Rev. Stat. Ann. § 189A.120 (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.  For instance, a first DUI conviction carries possible jail time whereas a reckless driving violation just involves a fine.

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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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