A wet reckless carries a maximum jail sentence of 90 days. Read about floridas reckless driving laws and the consequences of a. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. A wetreckless will generally be offered where the drivers bac was. I am a traffic and misdemeanor defense lawyer in virginia. A wet reckless is a reckless driving conviction that can be used as a prior offense in the event of a future drunk driving conviction. This program can be taken completely online and is ideal for completing the wet recklessdui requirement. In particular, it may depend on whether the defendant already has a dui or wet reckless on his or her record. However, as part of a negotiated dry reckless plea bargain, the prosecutor andor judge may require that you participate in a sixweek program. A dry reckless charge is offered if the drivers blood alcohol is under or right around the legal limit of. The term, wet reckless, is used to describe a reduced plea arrangement made by a driver arrested for driving while intoxicated. While this is still a serious charge, the penalties are lower. Whether to accept a dui plea bargain such as wetreckless is a decision an accused driver should make only after receiving expert legal advice.
Wet reckless driving is a lesser charge than dui, and in some cases a dui charge can be reduced to a wet reckless. Wet reckless is a common plea bargain to a dui charge that carries lesser penalties but still counts as a prior dui on the persons record. I received a wet and reckless charge, how can i get the. California wet reckless driving penalty ca dui laws.
My dad says that the wet reckless is just a traffic infraction, and not something to divulge as a misdemeanor if asked on an employment application. California dui wet reckless if you were recently arrested for driving under the influence dui in california, you may be able to get the charge reduced to a lesser offense. Dry reckless dcd law dui and criminal defense lawyer. The sb 1176 program is also referred to as ab 803 wet reckless online dui california program. Wet reckless driving is considered dangerous driving when the drivers alcohol content is above legal limits. I received a wet and reckless charge, how can i get the charge expunged and taken off my record in california. The mandatory minimum sentence for a wet reckless may be less than for a dui. If you have a felony conviction involving dishonesty or breach of trust, you. Difference between dui and wet reckless in california. In july 2000 i was charged with a wet and reckless misdemeanor dui in california. In order to do this, however, you must have a strong argument for your defenseand having the right legal representation can greatly improve your chance of success. Here at off the record, we may be able to help too. The conviction will appear on your record as if you were initially arrested for a reckless driving charge.
A dui will often have harsher penalties and carries a greater stigma then a wet reckless conviction. Wet reckless driving is trafficrelated misdemeanor or. A wet reckless is a common plea agreement in california drunk driving cases. In my experience, a dry reckless result is even better than a wet reckless, which is already a good. A person convicted of reckless driving with a measurable amount of alcohol in their blood must complete a twelvehour dui education program. Im applying transfer to universities and i should fill out the criminal report form. This is generally a good thing, and a huge victory for your casethe penalties are substantially less. While some alleged offenders are able to have operating a vehicle under the influence of alcohol or drugs ovi charges reduced to reckless driving also referred to as wet reckless, many others are simultaneously charged with drunk driving and reckless driving.
This program meets the requirements for conviction of an offense outlined in 23140 for 1820 year olds and also 23103 wet reckless charge for all adult ages. Is reckless driving a felony or misdemeanor in california. Penalties for dry reckless pleas are the least serious of the three charges. A wet reckless conviction is a reckless driving conviction, which does not carry the stigma that a dui conviction has, even if both offenses are classified as misdemeanors. A person convicted of a first dui offense must complete a statelicensed 3month, 30hour alcohol and drug education and counseling program. The driver pleads to reckless driving with alcohol involved hence the wet reference. Sb1176 wet reckless 12 hour class this is a 12 hour alcohol awareness class for those required to take a sb1176 class. It is not significantly different than a dui conviction in that it is an alcoholinvolved driving criminal misdemeanor charge, but the penalties are somewhat reduced, including shorter license suspensions and probation periods. What type of violation is a wet reckless considered in. Reckless driving is a fourthdegree misdemeanor if the driver has been convicted of one motor vehicle or traffic offense within the past year. In some cases, your lawyer may be able to get you a deal where you accept a dry.
Wet reckless is a term that is not legally recognized in all. If youre charged with virginia dui or dwi you may have seen a term thrown around called wet reckless. What is the difference between dui and wet reckless. Wetreckless is a misdemeanor charge, and carries less severe court punishment than a california dui conviction. Wet reckless is a slang term thats used to describe an outcome for a dui or. If your reckless driving charge is brought as a felony, you, more than any. Dry reckless charges vs dui dry reckless is another name for the charge of reckless driving. There are not huge differences between a dui and wet reckless conviction in california, however there are some differences. If someone is convicted of wet reckless, that conviction will be treated as a prior dui if there is a dui. Wet reckless is a slang term thats used to describe an outcome for a dui or dwi charge in virginia.
Unlike a wet reckless conviction, it will not count as a prior conviction. In july 2000 i was charged with a wet and reckless. A motorist whos convicted of a wet recklessin addition to the normal reckless. A wet reckless conviction is a reckless driving conviction, which does not carry the. This page contains a list of the 12 hour wet reckless classes in orange county, california. A wet reckless is a reduced charged from driving under the influence. It is important to know that there are two different types of reckless driving charges related to a dui prosecution. However, im almost positive that wet reckless is a misdemeanor, and my dad knows that, too. Allowing for wet reckless reductions in certain limited cases of dwi would reduce the workload for assistant district attorneys, allowing them to prosecute the more serious cases fully. This is especially significant if you have 3 prior dui convictions since a fourth is a felony, or you were involved in an alcoholrelated injury or fatal accident that is usually charged as a felony. California has a tenyear look back period for alcohol andor drugrelated driving offenses. The wet reckless charge was devised to provide an incentive for dui defendants to enter into a plea bargain, in fact a wet reckless is not something you can actually be arrested for.
A wet reckless driving conviction in california is a criminal misdemeanor, and thus it very well could show up as part of a background check. Pleading guilty to a wet reckless charge in arizona. A reckless is technically a misdemeanor like a dui, but in reality, there are. I dont know how it will show up on the criminal background check, but if it does and. This is a conviction of reckless driving that carries lesser. If you are charged with a dui, in some cases your lawyer may be able to have the dui charge reduced to a reckless driving charge. It is a basically a misdemeanor reckless driving offense. Sb1176 alcohol awareness program dui education class.
Is a wet reckless may be dismissed a motion needs to be made with the court and experience attorney in san diego should be contacted. For example, the wake county district attorneys office could offer wet reckless reductions, but only if defendants met the following criteria. Some of the advantages of pleading guilty to a wet reckless are listed below. A wet reckless has a maximum jail sentence of up to six months in jail and carries substantially reduced fines than a dui. Whether wet reckless is a good plea bargain depends on the circumstances of the case. How long does reckless driving stay on your record. A prosecutor may be willing to offer a plea agreement for a wet reckless outcome where it may be hard to prove a defendants blood alcohol level with certainty. A wet reckless conviction looks almost exactly the same on paper as a dui does, so why is it so important for a registered nurse to push for this result at the criminal level. Reducing a dui charge to reckless driving law office of darren. A dry reckless is a misdemeanor under vehicle code section 23103 and carries possible fines, probation, and a jail term. What type of violation is a wet reckless considered in california. This is the shortest requirement available for first time offenders and is taken for violating the ca vehicle code 23103.
However, other eligible offenses may be eligible for a dui diversion or to be plead down to a wet reckless charge to avoid certain penalties and. A charge of wet reckless typically carries fewer obligations, punishments, and costs than a traditional duidwi. Is a wet reckless a felony or a misdemeanor or just a driving violation. A dui, on the other hand, can trigger terms of imprisonment lasting as long as 6 months. Differences between wet reckless and dui differences between wet reckless and dui driving under the influence dui is a serious charge. I recently did an fbi back ground check and it shows the charges back in 2000. I wanna know that wet reckless driving is in the category of trafficrelated misdemeanor or infraction. The maximum jail time for a wet reckless is considerably shorter than for a dui. Fortunately in california there is relief available if you have every been convicted of a wet reckless or dui. Wet reckless is the term used by virginia traffic defense attorneys when a. Hey, i got a wet reckless driving, which is a recklass driving with alcohol involved, in california. A wet reckless is still a misdemeanor criminal conviction. If you have been charged with dui or dwai in colorado, call tiftickjian law firm today to discuss your case. A wet reckless is a violation of vehicle code section 23103 pursuant to vehicle code section 23103.
Luckily i have not been in any legal trouble since. This information is true for most people and most cases, but not all. First, those convicted of a wet reckless usually have to participate in an alcohol and drug awareness program as a condition of probation. In some circumstances the charge can be reduced to wet reckless. Reckless driving moving violation traffic ticket attorney. A wetreckless is similar to a dui but does not carry some of the same mandatory punishments that a misdemeanor dui carries.
Tom wilson counseling center offers online dui alcohol education for those who received a dui in the state of california but do not live in california and do not have a valid california drivers license. I literally wrote the book on reckless driving in virginia which you can get on amazon here or download for. My dad seems to have his own philosophy about this almostdui. While a first dui may appear on your driving record in the form of a misdemeanor, a wet reckless appears as a prior.
In new hampshire, a wet reckless plea bargain might be accepted when the amount of alcohol is just at the legal limit, if there was no resulting motor vehicle accident or if you have no prior record. I have two questions actually, how long does california keep records for this type of charges, and if the time has past. If wet reckless driving is neither trafficrelated misdemeanor nor infraction, which questions should i answer. While a prosecutor may not charge you initially with a wet reckless offense.
A wet reckless will depend upon the system and court youre in. As such, it is not subject to the mandatory jail sentences that certain dui offenses require. Like a dui, you will receive 2 points on your license. Wet reckless charges are most commonly an option in firsttime dui cases in other words, when drivers do not have any prior wet reckless or dui charges on their record and their bac was just below, at or just above 0. Second, a wet reckless will count as a prior dui conviction if the motorist is convicted of driving under the influence within ten years following the wet reckless conviction. Its a completely separate offense from dui, and it carries much lower penalties. There are no mandatory sentencing enhancements for a wet reckless charge, unlike in the case of a dui. Wet reckless under california vehicle code section 2310323103. New hampshire dwi penalties nh drunk driving defense. Maybe you only failed one field sobriety test or your blood alcohol concentration was 0. Can i say no to conviction of misdemeanor on my application. A reckless driving offense involving property damage or minor injuries is a firstdegree misdemeanor. The reality is that almost no one does jail time for reckless driving.
Pleading to a wet reckless has its own advantages and disadvantages. A wet reckless, sometimes wrongly called a wet and reckless, or even misspelled as a wet wreckless, is a special charge. There is, however, a significant difference between a dui conviction and a wet reckless conviction. Stream our reckless driving defense videos download our. Any specific questions regarding your case should be directed to your convicting court. How does wet reckless appear on criminal record i was arrested for a dui in 2006 but plead down to a wet reckless.905 613 768 538 996 568 1104 1251 1432 687 1561 458 338 67 955 1456 629 25 852 1563 534 237 430 470 532 1499 215 82 1295 1499 370 689 192 911 292 688 1414 999