A DUI conviction in Los Angeles, whether misdemeanor or felony, can have life-changing consequences. In addition to a hefty fine and time in jail, it can result in the suspension of your driver’s license. However, prosecutors offer or allow plea deals for defendants willing to plead guilty to wet reckless, which is less severe than DUI. You must qualify for a plea deal for the prosecutor to offer the deal.
However, a wet reckless plea deal has its benefits and downsides. We can help you with all the information you need to know about it at CCLG: Los Angeles Criminal Attorney, for effective decision-making. We can also assist you in navigating all court processes until you are satisfied with the outcome of your case.
What is Wet Reckless?
Wet reckless is not, in itself, a statute under California law. It is available as a plea deal for people facing DUI charges who qualify for leniency. It means a wet and reckless charge, meaning a reckless driving charge for someone who is driving while intoxicated with alcohol or drugs. A wet reckless charge is preferred over a DUI charge because it carries less severe penalties. It also does not include the suspension of your driver’s license, which is likely after a DUI conviction.
However, it helps to know that a wet reckless is also priorable, like DUI. This means that a prior conviction for wet reckless will count the next time you face DUI charges within ten years. The penalties you receive when you have a prior wet reckless or DUI charge will be heftier than what you received at first.
Remember that wet reckless is primarily used in plea deals, rather than as a separate offense. You can request a plea deal or accept one from the prosecutor for reduced charges if this is your first DUI. However, the wet reckless charge will still mean that you operated a vehicle while intoxicated.
A wet reckless charge starts with a DUI charge. The police must have arrested you on suspicion of driving while intoxicated with drugs or alcohol. A DUI charge can be under VC 23152(a), VC 23152(b), or both. VC 23152(a) applies in cases where your ability to drive safely is impaired by drugs or alcohol. VC 23152(b) is the DUI per se law, whereby you operate a car with a higher than standard BAC (0.08% for ordinary drivers and 0.04% for commercial drivers). Underage drivers (under 21 years) can also be charged with DUI for driving with any amount of alcohol or drugs in their system.
If the prosecutor has compelling evidence after a DUI arrest, you could face severe consequences for driving while intoxicated. In this case, accepting or proposing a plea deal becomes an excellent idea. You can also request a plea deal through your attorney to avoid the uncertainty of a criminal trial. No one knows for sure what will happen in the trial, not even the prosecutor and criminal defense attorney. Accepting a plea bargain ensures you face penalties for a less-severe crime, instead of waiting for an uncertain outcome, which may result in more severe penalties.
Factors that Can Result in a Wet Reckless Plea Deal
Plea deals do not apply to all DUI cases; you must qualify for the prosecutor to offer a plea deal. Prosecutors do this to increase their chances of getting a conviction. If the prosecutor is unsure of the case’s outcome, they may propose a plea deal to you. In this case, you must plead guilty to the less severe offense and accept the penalties that come with it.
Here are factors prosecutors consider when proposing plea deals:
Your Criminal History
In most cases, wet reckless plea deals are available for first-time DUI offenders. If you have a prior wet reckless or DUI conviction on your criminal record within ten years, you may not qualify for a plea deal. Remember that repeat DUI offenders receive more severe penalties than first-time DUI offenders.
Your Prior DUI is No Longer on Your Criminal Record
If you are a repeat DUI offender, but the prior DUI occurred more than 10 years ago, you could qualify for a wet reckless plea deal. Misdemeanors remain on your criminal record for ten years. Within that time, they may affect any criminal charge or conviction you get. Also, DUI is a priorable offense, meaning that the prosecutor will consider your prior DUIs to determine your current DUI charge. If the misdemeanor DUI is no longer on your account, it will not affect your current charge.
However, this is different for DUI offenders who have prior felony DUIs. You do not qualify for a plea deal if you face felony DUI charges.
Your Blood-Alcohol Concentration Level Was Legal
Remember that you can face DUI charges for impaired driving, or driving with a higher-than-standard DUI. The prosecutor can charge you under one or both DUI laws. If you only had signs of intoxication, but your blood alcohol concentration level was within the required standard, you may qualify for a plea deal. Prosecutors are likely to pursue DUI cases if the BAC is higher than the standard (typically 0.08% for ordinary drivers, 0.04% for commercial drivers, and 0.01% for underage drivers).
The Prosecutor’s Evidence is Weak
Prosecutors bear the burden of proof in all criminal cases. Thus, if you face DUI charges, the prosecutor must prove all the elements of the offense beyond a reasonable doubt for the court to deliver a guilty verdict. If the prosecutor’s case is weak, the court will likely rule in your favor. Typically, prosecutors offer plea deals in such cases to successfully close a case. They can also offer you a plea deal if the court suppresses some of the evidence gathered against you. Your lawyer can petition a judge to suppress or disqualify evidence gathered through coercion, force, or a violation of your rights.
Your Case is About Rising Blood-Alcohol Level
Your BAC is usually not the same once you consume alcohol. It starts mildly, slowly rises, and remains high for some time before gradually declining over time. If you are arrested a few minutes or hours after consuming alcohol, the concentration level in your blood will not match the amount of alcohol you have consumed. This means that your BAC can continue to rise even after you have stopped consuming alcohol. It may lead to a false interpretation by an arresting officer, which could result in serious DUI charges.
If you have a skilled attorney, they can use this argument to convince the court to dismiss your drunk driving charges, regardless of how serious they are. To avoid this, a prosecutor can offer a plea deal to improve their chances of getting a guilty verdict, even though it will be for a lesser offense.
The Benefits of Accepting a Wet Reckless Plea Deal
Plea deals benefit the criminal justice system and the defendant. If a prosecutor offers you a wet reckless plea deal, you should carefully consider it with the help of your attorney. Consider the potential benefits you will gain from informed decision-making. Some of the benefits you will likely receive include the following:
A Shorter Jail Sentence
Keep in mind that DUIs are severely punished in California. The minimum jail sentence you can receive for a DUI is six months in jail. This is a long enough time to cause a severe disruption in your life. If you are employed, you may lose your job, as most employers will not hold the position for you until you complete your sentence. If you are in school, such a sentence will significantly disrupt your studies.
A wet reckless plea deal will result in a favorable sentence. The judge will likely sentence you to probation or a 90-day jail term. A skilled attorney will fight for probation to allow you to return home, to work, or to school as you serve your sentence. A shorter jail sentence will also have less impact on your psychological and mental well-being.
Reasonable or Zero Mandatory Sentence
Penalties for a DUI in California mainly depend on your criminal history and the details of your case. Severe DUI cases have mandatory sentences, meaning that even if you are sentenced to probation, you must serve a particular time in jail or prison. If you accept a plea deal, you could receive probation without a mandatory sentence.
If it is a serious DUI violation and the judge gives you a mandatory sentence, the minimum mandatory sentence you can receive after pleading guilty to a wet reckless is a five-day jail sentence. This is more reasonable than a prolonged jail sentence you would receive if you were found guilty of a DUI. Note that the minimum mandatory jail sentence for a DUI is usually 90 days.
A Short Probation Sentence
In most cases, judges sentence defendants to probation rather than jail or prison sentences, especially if they pose no threat to public safety. You will likely receive probation if you accept a wet reckless plea deal. The probation period for wet reckless is usually a maximum of two years. This is shorter than what you would receive if you were guilty of a DUI. Generally, misdemeanor probation for DUIs lasts for between three and five years.
While probation sentences are preferable because you serve your sentence from home, they come with restrictions that may affect different areas of your life. The judge sets probation conditions by which you must abide throughout the probation period. For example, you will be expected to meet with the judge regularly for your periodic performance reports. You must also not engage in any crime while on probation.
Reduced Court Fine
Compared to a DUI conviction, a wet reckless plea deal will result in a lower court fine. The maximum you will pay is $1000, which is lower than the maximum of $3000 you would pay if you were convicted of a DUI. Please note that the amounts listed here include penalty assessment fees.
No License Suspension
One of the severe penalties of a DUI conviction is a court-ordered suspension of your driver’s license. During a DUI arrest, the police automatically confiscate your license and issue you a temporary permit that you can use for 30 days. You can request a DMV hearing and fight for the reinstatement of your license within ten days of the automatic suspension. However, you can lose your license to suspension once more after a DUI conviction.
If you accept a wet reckless plea deal and fight successfully for the reinstatement of your license within ten days of your arrest, you will not face a second license suspension by the court. A wet reckless conviction does not affect your driving privileges. This means you can continue driving without restriction if the DMV reinstates your license after the arrest.
Reduced Impact on Your Career Life
A DUI, whether a misdemeanor or felony, will have severe consequences on your professional life. Employers and professional licensing agencies are skeptical when dealing with a person who has a DUI on their criminal record. Since a DUI remains on your criminal record for ten years, the impact on your career can be significant. You could lose your job or professional license, and it may be challenging to find another job or have your license reinstated afterward.
However, a wet reckless is considered a less severe offense than a DUI. In this case, it has less impact on your career life. Once you accept the plea deal, you will have little to worry about if you are a professional license holder or are seeking employment.
Reasonable Mandatory DUI School
A conviction for DUI also results in mandatory DUI school, a program which you must pay for and attend for the recommended period. The minimum period is usually 18 months and can extend up to 36 months, depending on the details of your case and your criminal history. A wet reckless conviction does not always result in mandatory DUI school. If it does, it could be for six weeks or less. This saves on your time and money.
The Risks of Accepting a Wet Reckless Plea Deal
A wet reckless plea deal does not always offer benefits; it has its downsides that you must consider before making the final decision. Your skilled attorney will ensure that you understand precisely what it entails and its associated risks, enabling you to make an informed decision. Some of the downsides to consider, in this case, include the following:
It is Priorable
DUIs and wet reckless convictions are priorable. This means that having a conviction or criminal record within ten years will affect any other DUI charge you receive. The effect is, in most cases, more severe penalties than those you previously received. Thus, a second or subsequent wet reckless within ten years will likely result in more severe penalties.
The DMV Can Suspend Your License Even after the Plea Deal
Remember that a license suspension happens automatically after a DUI arrest. You must request a DMV hearing within ten days of your arrest and pass the DMV to reinstate your license. If you fail to request a hearing, or you request a hearing and fail, your license will remain suspended even if the court does not suspend it following a successful plea deal. You must apply to reinstate your license after the suspension period, which is a complex process.
A Wet Reckless Conviction Affects Your Criminal Account
Criminal arrests and convictions appear on your criminal record. This may impact different areas of your life, including your social and professional spheres. Although a wet reckless conviction is less severe than a DUI conviction, it will still appear on your criminal history. This means that it will still affect your life. Employers, landlords, lenders, and insurance providers are often hesitant to deal with individuals with a serious criminal record, including those who have been convicted. You may face difficulties finding employment, a suitable neighborhood to rent from, or reasonable insurance or loan rates because of a conviction, however severe.
The Penalties and Consequences of a Wet Reckless Conviction
If you qualify for a plea deal for wet reckless, the prosecutor will schedule a hearing with the judge, whereby you will plead guilty to a wet reckless charge and accept the penalties that the judge will give. If this process goes as planned, you will likely receive the following penalties:
Jail Time, Probation, and Fine
A wet reckless will likely result in jail time or probation, depending on what the judge considers suitable for you. If the judge decides to sentence you to jail, you will receive a mandatory jail sentence of 90 days. Alternatively, the judge can sentence you to misdemeanor probation for a period of one to two years.
If the judge sentences you to probation, they will set the probation conditions that you must abide by. These may include a requirement to submit periodic progress reports to the court, to keep your driver’s license clean, to not engage in any other crime, to attend a DUI school for a particular period, and to complete a given number of hours of community service.
A wet reckless will also result in a fine of up to $ 1,000, along with court assessment fees. Although the amount is generally lower than what you would be charged after a DUI conviction, it can still be significant, especially if you are already struggling financially.
Points on your Driver’s License
Although a wet reckless conviction does not result in a court-ordered license suspension, it may ultimately lead to a suspension of the license. This is because it earns you two points on your driving record. These points count towards the number of points that could eventually result in the suspension or revocation of your license by the DMV.
It Affects Future DUIs
Remember that wet reckless is also a priorable offense, meaning that any DUI you face within ten years of this conviction will result in more severe penalties.
Deciding Whether to Accept the Plea Deal or Fight the DUI
When facing DUI charges in California, it is beneficial to consult with a skilled defense attorney. They will review your case to advise you on your options and possible penalties. An attorney will advise you on when to accept a plea deal or when to fight your charges in court.
If the prosecutor has a strong case against you due to compelling evidence, accepting a plea deal will be an excellent idea. This is because the jury will likely give a guilty verdict if the evidence is overwhelming. However, if the prosecutor’s evidence is insufficient or if your attorney successfully manages to suppress part of the evidence, taking the case to a trial could be a good idea. An experienced attorney will know when accepting a plea deal is a good or bad idea, and will advise you accordingly.
If your attorney has evidence to counter the prosecutor’s case or there are mitigating factors in your case, they will advise you against accepting the plea deal. Remember that there is usually no guarantee that a wet reckles conviction will result in favorable penalties. If your attorney believes that you have a strong defense against your charges, they will reject the plea deal and take chances in a trial. Then, they will use their best defense strategies to win the case.
Find an Experienced Criminal Attorney Near Me
If you face DUI charges in Los Angeles, you may benefit from a wet reckless plea deal. However, consider the type of evidence the police have, and the possible benefits and risks of a wet reckless conviction to make the right decision. A competent criminal attorney can help you with this.
At CCLG: Los Angeles Criminal Attorney, we make careful consideration when advising our clients to accept or reject a plea deal. We can help you understand the risks and the benefits according to the details of your case and the prosecutor’s evidence. If the plea deal is not a good idea, we can develop a solid defense against your drunk driving charges. What we care about most is ensuring that you are satisfied with the outcome of your case. Please call us at 323-922-3418 to discuss this further.
