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| Wet Reckless vs. DUI |
California Wet Reckless versus DUIWhen you are charged with any criminal offense (including DUI) you, the defendant, generally have two choices. The first option is to plead not guilty and go to trial. At this point the burden is on the government is to prove your guilt beyond a reasonable doubt.The other option is to plead to a negotiated settlement or plea. This process of negotiation and plea is called a plea bargain. These negotiated settlements are worked out between the prosecutor and the defendant’s attorney. With a plea bargain, the prosecutor saves the taxpayers and the courts the time and cost associated with taking a case through trial. The defendant opts to plead guilty to either DUI with agreed upon penalties, or a reduced charge. In a DUI defense case one option that may be available for some, is a reduced charge called a “wet reckless.” A wet reckless is similar to a DUI charge – if a driver is arrested again for drunk-driving within 10 years, the wet reckless charge counts as a prior drinking and driving conviction. Also, most insurance companies view wet reckless the same as a DUI, and the driver faces increased premiums. However, a wet reckless plea does still carry some advantages over a full fledged DUI. The wet reckless carries no mandatory alcohol education classes, and no driver's license suspensions and no SR-22 filing required if the driver has a successful DMV hearing. The wet-reckless plea is also a good option for individuals with professional licensing concerns, such as doctors, brokers, and real-estate agents. California wet reckless pleas are most likely to be offered when the defendant’s chemical test showed a blood alcohol content (BAC) of .10 percent or less, or when the prosecution feels they may have a very weak case. A wet reckless is a misdemeanor charge, and carries less severe court punishment than a California DUI conviction. Before you enter into any plea bargain it is vital to have an experienced California DUI defense review your case to ensure that your rights are fully protected. |
