San Diego Wet RecklessWhen you are arrested for drunk driving in San Diego there is still the possibility of plea bargaining your DUI charge down to something less serious, like a wet reckless charge.Wet Reckless isn’t a normal charge that you can be arrested for, it is only possible to be charged with wet reckless after plea bargaining your DUI charge down to this reduced charge. This is usually done when there are certain factors present in your DUI case that mean there’s a chance you could be found not guilty at trial, and the District Attorney would rather have a lesser conviction than none at all. Such circumstances might arise if, for instance, your San Diego DUI attorney discovers that the breathalyzer machine used to test you at the police station hadn’t been serviced/calibrated correctly or on time and your BAC was found to be exactly on the legal limit of 0.08% and you were polite, showed no outward signs of intoxication and have no previous criminal record. At trial a competent DUI lawyer would have a chance of getting you acquitted so the prosecutor might offer you a reduced charge of wet reckless instead of charging you with the more serious offense of DUI. There are many advantages to reducing your DUI down to a wet reckless in San Diego, including:
A San Diego DUI charge will typically have a 3-5 year probationary period but a wet reckless usually only carries a 1 or 2 year probation period. It’s better to have a shorter probation period because you can’t get a DUI conviction expunged until the probation period is over, and also when you are on active probation it shows up on employer background checks. Shorter jail sentenceA San Diego DUI charge has a maximum possible jail term of 6 months for a first offense and more for repeat offenses but the wet reckless charge has a maximum jail term of only 90 days. Lower finesThe potential maximum fine for a wet reckless is $1000 which is the same as a San Diego DUI but the extra penalty assessments that come with a DUI charge can bring that total up to as much as $2500. A wet reckless has smaller penalty assessments resulting in a smaller final amount. No mandatory sentence enhancements for repeat offendersSan Diego DUI convictions have mandatory minimum jail sentences which increase for second, third and fourth offenses. However, the charge of wet reckless does not have a mandatory minimum jail sentence, regardless of whether you have any DUI priors or not. No mandatory license suspensionA wet reckless charge in San Diego does not trigger an automatic license suspension by the DMV like a DUI charge does, making it possible to plead guilty to the reduced charge but still keep your driving privileges. Less time spent at a San Diego DUI schoolWet reckless convictions may require the offender to attend a court approved alcohol education program but it is not mandatory. If you do have to go to DUI school it will be for a shorter term than a DUI conviction, usually 6 weeks instead of the minimum 3 month program for DUI. If you are convicted of a wet reckless within 10 years of another wet reckless conviction then you must attend a 9 month program at a court approved DUI school but a second conviction for DUI requires in a 18-30 month class. Wet reckless charges can still result in you losing your driver’s license if your BAC was over 0.08% and you lose your DMV Hearing. Also, your insurance company may still raise your premiums the same as they would if you were convicted of DUI. A skilled San Diego DUI lawyer will have the best chance of negotiating your DUI down to this reduced charge. |
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