A Wet Reckless conviction, less commonly known as the California Vehicle Code (VC) Section 23103 per VC 23013.5 charge of reckless driving involving alcohol, can only be achieved by a plea-bargained agreement with the prosecutor, as, in contrast to a DUI, a person cannot be charged or arrested for it. According to California Vehicle Code section 23103(a) per 23103.5, a Wet Reckless prosecution is a substitute for a more serious charge for a violation of Section 23152, and can only be put in place depending on the extent of use of any form of influencing drug, severity, and likelihood of the circumstances to be repeating.
The similarities between both DUIs and Wet Reckless charges share are fines, mandatory probation, an offense upon your driver’s license, heightened insurance rates, and an alcohol program. Still, Wet Reckless charges tend to have less gravity upon your record and are more arguable in possible future second or third offense trials.
It is imperative that an offender of a possible DUI discuss their case with a properly experienced San Diego DUI attorney, in the case that their charge could have a weaker penalty. Not only is consultation with a DUI Firm essential to the extent of the charge, but the presentation and persuasiveness of the case to the court.
A Wet Reckless plea-bargain can only be won depending on a wide range of aspects. First, your chemical intoxication test must have read below or at 0.08 percent, as any higher and it will be difficult to argue whether or not you were intoxicated or influenced at the time of operating your motor vehicle. Second, you must score at least positively on your driving capability test, as well as your cognitive and physical stability examination (your Field Sobriety Test). By consulting with an experienced San Diego attorney in regards to the likelihood of winning a Wet Reckless plea agreement, you may face significantly weakened penalties and lesser issues on your record.
Monetarily, a much lower fine, sometimes only $600 and up to around $1300 can be given. A shortened DUI program, of around 6 weeks to approximately 9 months, only about 3 years of informal probation, no mandatory jail sentence, up to ninety days in a county jail, a likely lessened chance of professional license suspension issues, along with no mandatory jail time are all additional lessened penalties of a DUI for a Wet Reckless charge.
Fortunately, a Wet Reckless can be plea-bargained for any level of severity. This would include a second or third offense DUI, in which an offender has had previous intoxicated operations of a motor vehicle in the past.
Further, unlike a DUI, a Wet Reckless cannot worsen the chance of employment, as it is not considered a negative aspect of a background check. However, in a circumstance in which you may face a third offense DUI, any Wet Reckless incidents will still be considered priors within the ten year time period, though, by way of a highly specializing San Diego lawyer, they can be argued.