Overview of a "Wet Reckless" dui plea bargain, penalties and comparison with a DUI.

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

2. A “wet reckless” is another name for the
charge of reckless driving involving
alcohol. VehicleCode23103to23103.5

3. 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.

4. 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.

5. 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

6. Will My License Be Suspended?

7. • 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.

8. 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

10. Diana Aizman, Esq.
818-351-9555
@DianaAizman