If you have been arrested for a DUI in California, your attorney may be able to get the charge reduced to a “wet reckless.” It is a genuinely better outcome — less jail exposure, only one year of probation and a smaller fine.
But the thing most people assume it fixes, it may not. Your license is suspended by the DMV, not by the court, and the DMV has two separate routes to a suspension. A wet reckless closes one of them and leaves the other untouched. You are also required to take a 12-hour DUI program, and a wet reckless still counts as a prior DUI if you are arrested again within ten years.
Here is exactly how the two charges compare, and what the reduction does and does not change.
What a Wet Reckless Actually Is
Reckless driving means operating a vehicle in a way that endangers the safety of others on the road — for example, greatly exceeding the speed limit or swerving from lane to lane without signaling. Even a driver who is not intoxicated can be charged with reckless driving.
A “wet reckless” is reckless driving involving alcohol or drugs (Vehicle Code 23103.5). You cannot be arrested for a wet reckless. Police arrest you for a DUI, and the charge may later be reduced to a wet reckless as part of resolving the case.
Wet Reckless vs. DUI at a Glance
| DUI (Vehicle Code 23152) | Wet reckless (Vehicle Code 23103.5) | |
|---|---|---|
| Maximum jail, first offense | Up to 6 months | Up to 90 days |
| Probation | 36 months (mandatory) | One year |
| Fine | Up to $1,000 | Generally about $150 |
| DMV suspension — APS route (alcohol, BAC .08 or higher) | Applies, independently of the court case | Still applies. The DMV acts on the reading, not on the charge, so the reduction does not reach it |
| DMV suspension — conviction route | A DUI conviction triggers it | Closed. A wet reckless is not a DUI conviction |
| Drug DUI (no BAC reading) | A conviction triggers the suspension | No suspension at all — there is no APS for a drug DUI, and no DUI conviction |
| DUI program | 3, 6 or 9 months, depending on BAC | Yes — a 12-hour program |
| Counts as a prior DUI? | Yes | Yes |
| Enhancements for repeat offenses | Mandatory | None for repeat wet recklesses |
First-offense DUI program length
| Blood alcohol (BAC) | DUI program |
|---|---|
| Under .15 | 3 months |
| Over .15 | 6 months |
| Over .20 | 9 months |
Our DUI Programs & Resources page lists approved program providers across Southern California.
Your License: Two Routes, and a Wet Reckless Closes Only One
Your license is suspended by the DMV, not by the court. The DMV has two independent routes to a suspension, and a wet reckless only closes one.
The APS route. If your blood alcohol was .08 or higher, the DMV suspends your license for 120 days on that basis alone, through its own Administrative Per Se process. It does not wait for the court, and it does not care what the charge is reduced to. The only thing that stops it is winning the DMV hearing.
The conviction route. A DUI conviction reported to the DMV triggers a six-month suspension of its own. A wet reckless is not a DUI conviction, so this route closes.
What that means in practice. In an alcohol case with a reading of .08 or higher, you can still lose your license through the APS route even after the charge is reduced — the reduction protects you from the conviction route only. In a drug DUI, there is no APS suspension at all, so a wet reckless leaves neither route open, and your license is safe.
What the Reduction Does Not Change
- It still counts as a prior. A wet reckless is treated as a prior DUI if you are convicted of another DUI within ten years.
- The APS suspension. If your BAC was .08 or higher, the DMV’s 120-day suspension still applies unless you win the DMV hearing.
- A DUI program. A wet reckless still requires a 12-hour DUI program.
Why a Wet Reckless Is Still Worth Pursuing
A first-time DUI conviction can carry up to six months in jail, and a repeat DUI up to one year. The maximum for a wet reckless is 90 days, and most people do not serve the full 90 days (if they serve any time at all). The fine is lower, probation is one year, and the conviction-based license suspension does not apply.
There are also no mandatory sentence enhancements for repeat wet reckless offenses — a considerable advantage, because a DUI conviction with prior DUIs on your record carries mandatory enhanced penalties.
How a Wet Reckless Gets Offered
Prosecutors typically do not offer a wet reckless. It is a settlement that is negotiated by your criminal defense attorney and requires the attorney to be able to fashion a compelling argument. Factors that make a reduction more likely include a blood alcohol level close to .08, legal issues with the traffic stop or with how the chemical test was administered, and a clean driving and criminal record. But every case is different, and a wet reckless result is not always achievable.
Wet Reckless vs. Dry Reckless
A “dry reckless” is reckless driving under Vehicle Code 23103 with no alcohol or drug allegation on the record. It is an even better outcome than a wet reckless: it is not treated as a prior DUI and does not require a DUI program. Because of that, a dry reckless is much harder to obtain.
Other Consequences to Consider
Even as a reduced charge, a wet reckless is a misdemeanor conviction. It can affect:
- Car insurance — premiums may rise. (See what a DUI really costs in California.)
- Background checks — it can appear on criminal background checks for employment or housing.
- Commercial drivers — holders of a commercial driver’s license face stricter rules.
- Professional licenses — some licensing boards require convictions to be reported. Our license protection practice can help.
- Immigration — non-citizens should get immigration advice before accepting any plea.
Can a Wet Reckless Be Expunged?
Usually, yes. After you complete probation, you can generally petition to have the conviction dismissed under Penal Code 1203.4 (see our guide to expunging a criminal record in California). A dismissal helps with most background checks, but it does not erase the conviction for every purpose — it will still count as a prior if you are charged with another DUI within ten years.
Wet Reckless and DUI Cases in Los Angeles County
Under Vehicle Code 23152, it is unlawful to drive under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or higher. If you hold a commercial driver’s license or are already on DUI probation, the limit is 0.04 percent.
A first-time DUI is usually charged as a misdemeanor, punishable by up to six months in county jail, a fine of up to $1,000 and a DUI program of 3, 6 or 9 months depending on your blood alcohol level. If someone was injured, prosecutors may seek more severe penalties: a DUI causing injury can be charged as a misdemeanor (up to one year in county jail and a fine of up to $5,000) or as a felony (several years in state prison and a fine of up to $5,000).
Because sentencing outcomes vary from case to case, it is essential to have an experienced Los Angeles County DUI defense lawyer advocating for the most favorable outcome possible — including, where the facts support it, a reduction to a wet reckless.
Talk to a DUI Defense Attorney
If you are facing a wet reckless or DUI charge in Los Angeles County, the experienced criminal defense attorneys at Wegman & Levin are here to defend your rights at every turn. Call our office today at 818-495-8330 to schedule a free consultation.
