Reducing a DUI/DWI Charge to a “Wet Reckless”

Most DUI cases are resolved through plea bargaining. In other words, the defendant agrees to plead guilty or "no contest" to a criminal charge in exchange for some form of leniency from the prosecution. "Wet reckless" is a term often used to refer to a specific type of plea bargain.

State laws differ, and the facts of every case are different. But here are some of the basics about wet-reckless plea bargains.

What Is a "Wet Reckless"?

A DUI plea bargain might involve a defendant pleading guilty to a DUI charge in exchange for the prosecution agreeing to fines and jail time below the allowable maximums. In other cases, a plea bargain might involve the prosecution dismissing the DUI charge and the defendant entering a plea to a less serious charge. When such a plea deal is for a reckless driving charge, it's sometimes called a "wet reckless."

Definition of Reckless Driving

Reckless driving is a crime in every state. However, some states use other terms for the offense, like "driving to endanger" and "reckless operation." Generally, you can be convicted of reckless driving for purposefully or knowingly operating a vehicle in a way that poses a substantial danger to other people or property.

Oftentimes, reckless driving involves instances of dangerous driving such as street racing, weaving through traffic, or driving at high speeds in areas where there are pedestrians. But in the DUI context, the driver's intoxication alone might be enough to qualify as reckless driving. In other words, even if an intoxicated motorist's driving pattern is normal, the act of operating a vehicle while under the influence of drugs or alcohol can be considered inherently dangerous to other people and property.

States With Specific Wet Reckless Laws

Some states, including California, even have a brand of reckless driving that's specific to offenses involving drugs or alcohol. These drug- and alcohol-related offenses typically come with consequences in addition to those imposed for standard reckless driving. For instance, some states require substance abuse treatment for reckless driving convictions that involve drugs or alcohol.

How Is a Wet Reckless Different From a DUI?

Reckless driving and driving under the influence are two different crimes. In other words, the offenses have different definitions. But from a defendant's point of view, probably the most important difference is that they carry different penalties. Also, on a criminal record search, a DUI conviction is going to look worse than a reckless driving conviction (below, we detail some of the differences).

Is a Wet Reckless Better Than a DUI?

Criminal penalties. Generally, reckless driving carries less severe penalties than a DUI charge. So, a wet reckless plea deal typically means lower fines and less potential jail time than would result from being convicted of a DUI.

License-related consequences. A wet reckless plea can also have advantages with regard to license-related consequences. Many states allow judges to suspend a motorist's license for reckless driving. But for DUI convictions, license suspension is typically mandatory for six months to a year. And a DUI conviction will generally add more traffic violation demerit points to person's driving record than a reckless driving violation.

Impact on employment. A reckless driving conviction could also provide a softer landing in terms of employment. Lots of employers that won't hire someone with a DUI might be willing to work with a reckless driving conviction.

but a wet reckless conviction can count as a prior DUI. In some states, someone who has a wet reckless conviction and then is convicted of DUI will be sentenced as a repeat DUI offender.

Do All States Allow Plea Bargaining for a Wet Reckless?

Plea bargaining rules differ by state. However, the majority of states allow some plea bargaining in DUI cases. So, while prosecutors are often reluctant to reduce a DUI to a reckless driving charge, it's at least a possibility in most states.

There are, however, a few states that prohibit plea bargaining altogether in DUI cases. For defendants in these states, a wet reckless plea deal isn't normally an option.

What are My Chances of Being Offered a Wet Reckless in a DUI Case?

Generally, prosecutors are willing to offer a wet reckless only in cases with significant mitigating factors or weaknesses in the evidence.

Mitigating Factors Can Help in Plea Bargaining

Mitigating factors might include things like:

• it being the person's first DUI
• the person having no criminal record, and
• a low blood alcohol concentration (BAC).

The presence of aggravating factors, on the other hand, ordinarily diminishes your chances of getting a wet reckless plea deal. For example, prosecutors are typically unwilling to reduce DUI charges in cases involving accidents and injuries.

Problems With the Prosecution's Evidence

When there are evidentiary problems, prosecutors start worrying about whether they can prove the charges in court. Rather than risk losing at trial, a prosecutor might offer a defendant a favorable plea deal, like a wet reckless. Evidentiary problems come in lots of varieties. But oftentimes, these issues relate to uncertainty about being able to prove the defendant's BAC. (Understanding common DUI defenses can give you an idea of when a defendant might have better bargaining power.)