The Difference Between Wet Reckless and DUI

 A "wet reckless" and a DUI are both related to impaired driving, but they represent different legal outcomes with varying consequences. A DUI (Driving Under the Influence) is a more serious offense, while a "wet reckless" (reckless driving involving alcohol) is a lesser charge often offered as part of a plea bargain.

DUI (Driving Under the Influence)

A DUI is the formal charge for operating a vehicle while impaired by alcohol or drugs.

• BAC Threshold: In the United States, a blood alcohol concentration (BAC) of 0.08% or higher typically results in a DUI charge.
• Consequences: DUI penalties are severe and can include:
  • Mandatory jail time.
  • Substantial fines and court fees.
  • Driver's license suspension by the state's Department of Motor Vehicles (DMV).
  • Mandatory participation in an alcohol education program.
  • Installation of an ignition interlock device (IID) in your vehicle.
  • A permanent criminal record for a more serious offense, which can impact employment opportunities.

"Wet Reckless" (Reckless Driving with Alcohol Involvement)

A "wet reckless" is not a specific criminal statute but rather a common shorthand for a plea bargain offered to someone initially charged with a DUI. The driver pleads guilty to a lesser charge of reckless driving, with the "wet" part indicating that alcohol or drugs were involved. The code section is VC23103.5.

• Plea Bargain: Prosecutors may offer this lesser charge if there are weaknesses in their case, such as questionable police procedures or insufficient evidence of actual impairment.
• Consequences: While less severe than a DUI, a "wet reckless" is still a serious misdemeanor:
  • Fines are generally lower than a DUI.
  • Jail time is possible but often less likely or shorter than a DUI sentence.
  • License suspension is less likely directly from the court, but the DMV might still take action.
  • It still counts as a prior alcohol-related offense if the individual receives a future DUI, leading to enhanced penalties for the second offense.
  • It often requires enrollment in an alcohol education program, similar to a DUI.

Key Differences Summarized

Feature	DUI (Driving Under the Influence)	"Wet Reckless" (Plea Bargain)
Severity	More severe criminal offense	Lesser criminal offense (misdemeanor)
Fines	Higher	Lower
Jail Time	More likely/longer	Possible, but less likely/shorter
License Impact	Inevitable suspension/revocation	Less likely direct court suspension
Future Impact	Counts as prior offense for 10 years+	Counts as prior offense for enhanced penalties in future
Insurance	Significant premium increase	Significant premium increase

In both cases, an individual's car insurance premiums will likely increase significantly due to the risk associated with an alcohol-related driving conviction. Legal representation from a qualified attorney is crucial for navigating either charge.