Sunday, September 28, 2014

What Is A Wet Reckless?

California is a state that has very serious consequences for dui and drunk driving offenses.  However, there are various reductions from the original charge that can mitigate the punishment and long term effects that flow from the charge of VC 23152 or driving under the influence.

The most common of these reduced charges is that of VC 23103.5 commonly referred to as a wet reckless.  This is not a substantive offense, that is that you cannot be charged with wet reckless, it is a creature of statute that allows a DA to reduce the case to a lesser offshoot of reckless driving or VC23103. It is called a "wet" reckless because the Court makes a finding that it involved alcohol or drugs which makes it priorable.  This means it can be used to enhance a future DUI crime into a second offense down the road.

The benefits of a wet reckless are numerous.  For one, the DMV will not require you to install an ignition interlock on your car after conviction.  Two, the DMV will not require an SR22 filing.  Three, the Court does not require the completion of a 3 month alcohol class.  Four, the fine is about half of what the full DUI fine turns out to be.  Finally, the case can be expunged much sooner than a driving under the influence conviction.

In the final analysis, a wet is always better than a full fledged DUI for many reasons.  According to one Torrance DUI Attorney, the wet reckless can also save the driver from losing their commercial drivers license.  You see, a VC23152 can result in a one year suspension if convicted in Court, the same does not apply for a VC 23103.5.