Wet Reckless

Consequences of California’s Wet Reckless Plea Bargain

California Vehicle Code § 23103.5 officially recognizes that even if the charge of driving under the influence of alcohol or drugs (DUI) is reduced to “reckless driving,” it shall count as a “prior” DUI conviction if the prosecutor relates on the record that the reckless driving was accompanied by the consumption of drugs or alcohol by the driver. In these cases, the prosecutor and defense attorney will often stipulate at the time of the plea that “alcohol or drugs” were a contributing factor.

In People v. Forrester, 67 Cal. Rptr. 3d 740, 742 n.2 (Cal. Ct. App. 2007), the court referred to a conviction for reckless driving involving the consumption of alcohol referenced in Section 23103.5 of the California Vehicle Code as a “wet reckless.” See also Walker v. Kiousis, 114 Cal. Rptr. 2d 69, 74.

It is important to remember that also a law enforcement officer can arrest the driver for reckless driving and/or DUI, the officer cannot arrest someone for “wet reckless.” Likewise, the prosecutor can charge the driver with DUI or reckless driving, but not with a “wet reckless.” For this reasons, the driver is never brought to trial for the crime of “wet reckless.”

The penalties for a first offense of “wet reckless” is described in CAL. VEH. CODE §§ 23103(c), 23103.5(e) and the penalties for a DUI conviction are described in CAL. VEH. CODE §§ 23536, 23538.

The Advantages to Entering a Plea to “Wet Reckless”

The advantages to entering a plea for “wet reckless” is avoiding many of the minimum mandatory penalties that come with a DUI conviction. A “wet reckless” disposition does not necessarily come with a driver’s license suspension.

Also, the plea bargain in a “wet reckless” case often involves a shorter term of probation, a shorter and less expensive DUI school program, lower fines, and a shorter term of probation.

Keep in mind that although the court will not necessarily impose a driver’s license suspension in a “wet reckless” case, the California DMV will still impose a driver’s license suspension if:

• you lose your DMV administrative hearing; or
• your breath / blood alcohol content (BAC) was 0.08% or above.

The Disadvantage of Entering a Plea to “Wet Reckless”

The biggest disadvantage of entering a plea to “wet reckless” is that you are not receiving the best possible resolution of the case which involves one of the following dispositions:

• the prosecutor drops all charges before trial;
• the judge dismisses all charges before trial as a result of granting a motion to suppress evidence or a motion to dismiss for insufficient evidence as a matter of law; or
• you obtain a “not guilty” verdict at trial.

The next biggest disadvantage to entering a plea of guilty or no contest to “wet reckless” is that it counts as a prior DUI conviction in the event you are arrested for a second or subsequent offense of DUI in California (although it will not necessarily be treated as a prior offense if you are arrested for DUI in another state).

In other words, if you are arrested for a second offense of DUI in California, the prosecutor and the court will treat the “wet reckless” case the same as a prior DUI conviction for sentencing purposes when treating you like a repeat offender. Keep in mind that even a second or subsequent DUI arrest can be reduced to a wet reckless.

In 2009, the California Legislature added a requirement that if you were convicted of “wet reckless” and had a prior “wet reckless” that occurred within ten years, then you must attend a nine-month DUI school program (although this is better than a 18-month or 30-month DUI school program that would be required after a DUI conviction under the same circumstances).

Another problem with entering a plea to a “wet reckless” is that your insurance company can still raise your insurance rates for years to come or cancel your policy altogether when it comes up for renewal.

Also, because “reckless driving” is a criminal offense, a plea can trigger disciplinary action with your employer, especially for individuals that hold a special license to practice their profession. Those professionals would include health care professional (including a physician or nurse), lawyer, educator, law enforcement officer or member of the military. For these individuals, the only way to minimize these professional consequences is to fight for an outright dismissal of the charges or go to trial for a “not guilty” verdict.

Additional Resources

California’s Wet Reckless Program– Visit the website of the California Department of Health Care Services (DHCS) to learn more about the wet reckless program for men and women convicted of a reckless driving offense with a measurable amount of alcohol in their blood or breath who must complete a 12-hour DUI alcohol and drug education program. The objectives of the DUI program in San Francisco is to reduce the number of repeat DUI offenses and to provide participants an opportunity to address problems related to the use of alcohol or other drugs. DHCS licenses DUI programs throughout San Francisco County and all of California’s 58 counties.