WHAT IS A “WET RECKLESS” IN CALIFORNIA?Presented By Diana Aizman, Esq.

A “wet reckless” is another name for the charge of reckless driving involving alcohol. Vehicle Code 23103 to 23103.5

Principal Use Of “Wet Reckless”

• A Wet Reckless is a plea bargain used in a DUI case when prosecutors can’t make a strong case for a DUI conviction.

• The driver retains a priorable charge on their driving record in exchange for lesser consequences than a DUI.

When Would A DUI Be Reduced To A “Wet Reckless”?

• Low Blood Alcohol Concentration.• Problems with the Breath Testing Instruments Used to

Measure Blood Alcohol Concentration.• Prosecutor May Have Problems Proving Driving. • Chain of Custody Issues Involving Blood Testing.• Violation of Title 17 or Other Laws Governing Forensic

Blood Alcohol Testing.• Issues Involving Probable Cause But Not Rising to a

Blatant Violation of 4th Amendment.

Advantages Of A Wet Reckless vs. DUI

Wet Reckless

• May Include A Shorter Probation• No Mandatory Minimum Penalty• No Mandatory Drivers License Suspension • Qualifying For An Expungement Faster.• Wet Reckless Looks Better On Your Record.• Can Help You Get Certain Jobs a DUI

Would Disqualify You From Receiving• No Requirement For An

Ignition Interlock Device in a Pilot County (Alameda, Los Angeles, Sacramento, and Tulare)

• No Mandatory Minimum Penalty• Lighter Penalties For Commercial Drivers

Than A DUI

DUI

• Mandatory Minimum 3 years of Probation and $390 Fine Plus Penalty Assessments

• Alcohol Program Required• Minimum 96 Hours County Jail on 2nd

Offense and 120 Days Jail on 3rd Offense• 6 Month Drivers License Suspension for

1st Offense • Requirement to Install an Ignition

Interlock Device in Pilot County• Loss of Commercial Drivers License for

Repeat Offenders

Will My License Be Suspended?

• The court is not required to suspend your license.• However if you lose your DMV hearing your license will

be suspended for up to four months.

Penalties

• A “Wet Reckless” Has No Statutory Requirements Leaving Open the Options to Negotiate the Terms and Conditions of Probation

• Max 90 Days in County Jail• Max $1000 Fine• No Requirement for DUI School• Prosecutor May Require 12 Hour Alcohol Class

Available Only to A Wet Reckless Conviction• A Wet Reckless Is Still Considered A Priorable

Offense

Diana Aizman, Esq.

818-351-9555

@DianaAizman