Although the risk factors of impaired driving are well-documented, this doesn’t mean that people abstain from this behavior. Alcohol can diminish the brain’s ability to make sound decisions, and many people have a few drinks and climb behind the wheel without considering the potential consequences. According to the National Highway Traffic Safety Administration (NHTSA), approximately 37 people in the United States die every day in drunk-driving collisions (which translates to roughly one DUI-related death every 39 minutes). Like most states, California imposes strict and lasting penalties on DUI (driving under the influence of drugs or alcohol) convictions to dissuade drivers from engaging in such risky behavior. If Los Angeles County law enforcement has arrested you for a DUI offense, it’s natural to feel overwhelmed and concerned about how this incident will impact your future and freedom. When you enlist the guidance of a trusted and experienced criminal defense attorney, you can move through each step of the criminal justice process with greater clarity and confidence. Depending on the specifics of your case, your attorney may be able to have the charges reduced to what’s known as a ‘wet reckless’ offense, which carries less severe penalties. Let’s take a look at the differences between a wet reckless and a DUI offense and what strategies you and your attorney can employ to keep your future as bright as possible.
How California Defines DUI Offenses
California imposes significant penalties on those found guilty of operating a motor vehicle while under the influence of drugs or alcohol. Vehicle Code sec. 23152 states, “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” Those whose blood alcohol concentration (BAC) exceeds 0.08 percent will face criminal charges. However, if you have a commercial driver’s license, or you are already on DUI probation, you may face charges if your BAC is 0.04 percent or higher. Those facing a first-time DUI offense will likely face misdemeanor charges, punishable by up to six months in county jail, a fine of up to $1,000, mandatory participation in a three or nine-month DUI education course, and the suspension of your driver’s license for a specified period of time (typically four months). If the incident led to an injury, prosecutors may seek more severe penalties. A conviction of a DUI with an injury can be considered a misdemeanor (punishable by up to one year in county jail, a fine of up to $5,000, and the suspension of driving privileges for six to twelve months) or a felony offense (punishable by several years in state prison, a fine of up to $5,000, and a suspended driver’s license for up to one year). Since the exact nature of the penalties is up to the judge’s discretion, it’s essential to enlist the guidance of a skilled and experienced Los Angeles County DUI defense lawyer who can advocate for the most favorable outcome possible.
What a Wet Reckless Offense Means in Los Angeles County
Prosecutors may downgrade a DUI charge to a wet reckless charge in some cases. A wet reckless charge carries less severe penalties than a DUI charge—if convicted of a wet reckless offense, you will likely face a reduced jail sentence, lower fines, and no mandatory license suspension. Essentially, reckless driving refers to operating a vehicle in a way that potentially endangers the safety of others on the road. For example, exceeding the posted speed limit or swerving severely from lane to lane without signaling can be considered forms of reckless driving. Even individuals who are not intoxicated can face reckless driving charges for engaging in risky behavior behind the wheel. The term ‘wet reckless’ refers to a type of criminal charge that applies to those accused of driving while intoxicated. Since you cannot be arrested for a wet reckless offense, law enforcement will arrest you for a DUI offense and later downgrade the charge to a wet reckless in some cases. It’s important to understand that a conviction for a wet reckless is still regarded as a “prior” DUI in the event you are convicted of another DUI offense within 10 years of the conviction on the wet reckless.
Advantages of a Wet Reckless Charge vs. a DUI Charge
There are several advantages to having your DUI charge downgraded to a wet reckless charge. The penalties for a first-time DUI conviction can be up to six months in jail, and those for a repeat DUI offense can be up to one year in jail. In contrast, the maximum jail sentence for a wet reckless charge is 90 days, and most people do not end up serving the full 90 days. Wet reckless charges also carry reduced fines and no mandatory license suspension. However, you will still need to fight the administrative suspension in a DMV hearing. Moreover, it’s essential to recognize that there are no mandatory sentence enhancements for repeat wet reckless offenders, which is a considerable advantage over DUI convictions. Those found guilty of a DUI offense with previous DUI convictions on their record face mandatory enhanced penalties. If you have the charge downgraded to a wet reckless offense, you will likely face reduced penalties—even if you have prior wet reckless offenses on your record. Regardless of the specifics of your arrest, reach out to a skilled and knowledgeable Los Angeles County DUI defense attorney right away to discuss your options and maximize your chances of obtaining the best outcome possible.
If you are facing a wet reckless or DUI charge in Los Angeles County, the experienced and trusted criminal defense attorneys at Wegman & Levin are here to defend your legal rights at every turn. Call our office today at (818) 980-4000 to schedule a free consultation.
