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.”
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).)
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.
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.