Wet reckless plea reduction can help you avoid the mandatory consequences under California DUI sentencing law. A DUI conviction in California (yes even a first time DUI conviction) will trigger several mandatory minimum penalties that will dramatically affect your day to day life. Wet reckless plea reduction can help soften the blow.
Mandatory Consequences for a California DUI conviction – without a wet reckless plea reduction
A California DUI conviction will include several mandatory minimum penalties. NOTE-If your case involves an accident, injuries, prior convictions, or other enhancements, these penalties can go up significantly But at a minimum, this is what you are facing
- Jail time of up to 180 days in the county jail
- Probation supervision for 3 years
- Completion of a DUI program known as AB541 (3 month program)
- 6 months drivers license suspension
- SR-22 insurance certificate required for 3 years
- Fines of at least $390 plus penalty assessments (Actual cost is close to $2,000)
- Installation of Ignition Interlock Device or IID if your case is from LA county (going statewide soon)
Wet Reckless plea reduction California Vehicle Code Section 23103 per 23103.5
Wet Reckless plea reduction can help you avoid some or all of the mandatory minimum DUI penalties. If your DUI lawyer obtains a wet reckless plea reduction, the DUI charges will be dismissed and the door is then open to more lenient penalties. The sentencing terms of a wet reckless settlement in California are negotiable and vary from case to case but the following terms illustrate what is possible
- No jail as part of sentence
- Maximum jail time of up to 90 days in the county jail
- Probation period of 1, 2 , or 3 years
- Waiver of DUI class or attendance at SB1176, a 12 hour program
- No drivers license suspension
- No SR-22 insurance certificate required with wet reckless plea reduction
- Fines are negotiable, no mandatory minimum like a DUI
- Installation of Ignition Interlock Device or IID is not mandatory on a wet reckless
Wet Reckless plea reduction with DUI terms
In some cases, the Prosecutor will not agree to a reduction of the DUI terms. The Prosecutor may feel that it is necessary for the driver to attend the 3 month program, pay the full fine, or be subject to probation supervision for the full 3 year term. In such cases the DA may offer a “wet with DUI terms”. While this type of plea deal is not as favorable as a true wet reckless, it can still be helpful. Such a plea deal with still avoid the license suspension, the SR-22 requirement, and the IID requirement.
Is a wet reckless plea reduction always a good thing?
No! Every case is different. A wet reckless plea reduction may be a great deal for some DUI cases and a bad deal for others. If the facts of your case will make it hard for the DA to prove the case beyond a reasonable doubt, you may be better off proceeding to jury trial. Your lawyer may also be able to obtain a further plea reduction that is even better than a wet reckless or perhaps obtain a dismissal. In order to make an informed decision, it’s best to always consult wth an experienced DUI lawyer, before making any decisions about a plea deal in a DUI case.