Southern California Drunk Driving Defense Attorneys

Often times, the strategy for the drunk driving defense attorney is to get the DUI charge reduced to a lesser offense. Moving down from the DUI, a series of lesser and lesser offenses exist, each one with progressively fewer penalties and negative consequences. Below we will discuss several of the most common: reduction of the DUI charge to a wet reckless, to a dry reckless, to an exhibition of speed, or to a traffic infraction.

Wet Reckless Pleas in DUI Cases

The first step down from a DUI conviction is to what has become known as a "wet reckless." See Vehicle Code § 23103 and 23103.5. Although a wet reckless is almost always preferable to a DUI, the difference between the two, as we will discuss, is often not very substantial.

The Possible Benefits of a Wet Reckless over a DUI:

Shorter Probation. The period of probation may be shorter for a wet reckless. A DUI conviction usually carries 3 to 5 years probation; whereas a wet reckless conviction may carry only 1 or 2 years probation.
Lesser Potential Jail Time. A violation of first-offense DUI probation can result in up to 180 days county jail. With a violation of reckless driving probation, it's a maximum of 90 days.
Lesser Fine. The fine may be substantially lower. The minimum fine for a DUI (including the court-imposed penalty assessment) usually starts at around $1500. A wet reckless does not carry a minimum fine. Often the fine imposed for a wet reckless is about half of what the DUI fine would be.
Shorter Alcohol Program. With a wet reckless, the court may impose only a 12-hour alcohol program, or no program at all. With a DUI, the court must impose at least a 90 day alcohol program (essentially 24 hours of class time).
No license Restriction. A DUI conviction requires the court to impose at least a 90 day drivers license restriction (meaning you can only drive to and from work and the alcohol program). But with a wet reckless plea, the court is not required to impose a restriction.
No sentence enhancements. A plea to wet reckless in a second or third offense DUI offense case does not require the court to impose otherwise-mandatory sentence enhancements, such as jail time and extended license suspensions.

Ways In Which a Wet Reckless is Not Better Than a DUI

Priorability. If you plead to a wet reckless, and you suffer a DUI conviction during the following ten years, the court will still treat the wet reckless as a prior DUI conviction and sentence you accordingly.
Insurance. Most insurance companies regard a wet reckless as equivalent to a DUI in determining premium hikes and whether to cancel the insured.
DMV Suspension Still Imposed. The DMV license suspension that may result from the DUI arrest is not removed by a reduction of the charge to a wet reckless.

Dry Reckless Pleas in DUI Cases

The next step-down in plea negotiations is from a DUI charge to what has become known as a "dry reckless." This is simply misdemeanor reckless driving, but not involving alcohol. While the difference between DUI and a wet reckless may not be so great, a reduction to a dry reckless is a major improvement. Indeed, the target for most DUI defense lawyers is to work out a deal for a dry reckless plea.

As with the wet reckless, a dry reckless will likely involve shorter probation, lesser potential jail time for a probation violation, a shorter alcohol program (or no alcohol program), a lesser fine, and no license restriction.

But the dry reckless offers two more major benefits. First, the dry reckless is not priorable. Unlike a wet reckless, it does not count as a DUI conviction should you have the misfortune of picking up another DUI over the next ten years. Second, increases in car insurance premiums are often significantly less for a dry reckless than for a DUI or a wet reckless.

It is the lack of priorability that makes many prosecutors very reluctant to offer plea bargains for a dry reckless. Prosecutors like to build ammunition to use against DUI defendants if they commit another DUI offense later on.

Exhibition of Speed in DUI Cases

Some DUI cases get resolved through a reduction of the DUI charge to an "exhibition of speed." The offense is defined in Vehicle Code § 23109. Exhibition of speed is a low-level misdemeanor and carries roughly the same consequences (and benefits over a DUI) as a dry reckless. Like a dry reckless, exhibition of speed is not priorable as a DUI.

Literally, the offense of exhibition of speed (or speed contest) refers to a drag race or race against a timing device. Rarely does this have anything to do with the underlying facts of the DUI charge. It is a "legal fiction" agreed-to as a means of settling certain DUI cases.

DMV Point Counts in DUI, Reckless Driving and Speed Contest Cases

Now for some bad news. Even if the DUI charge gets reduced to a wet reckless, dry reckless or exhibition of speed, all of these offenses, like a DUI, count as two points on the DMV record. A driver becomes deemed a negligent operator by the California DMV if she gets 4 or more points in 12 months, 6 in 24 months or 8 in 36 months.

Traffic Violations

If the DUI prosecutor sees serious weaknesses in her case, she may sometimes offer to reduce the DUI charge to a traffic infraction (such as simple speeding or failure to yield). These are not criminal charges, and are punishable only by a fine. The DUI prosecutor may want the accused to plead to two moving violations (referred to as a "pair of movers"). The idea is that the defendant could then do traffic school as to only one of violations; he must endure the DMV and insurance consequences as to the other.

Internet Resources:

DUI Gulag
Dispelling the misleading statistics and propaganda coming from MADD and other hysteria groups.

Traffic Ticket Lawyer
Attorney Stan Alari represents clients accused of speeding or moving violations.