California "Wet Reckless Plea Bargains" in DUI Cases

The benefits of a "wet reckless plea bargain" are real... but they're also limited. Make sure you understand them before making this deal with a prosecutor.

After the police arrest California driver for DUI, prosecutors have the option of lowering the charge from DUI to "reckless driving." This option is spelled out in California Vehicle Code section 23103.5. When the lowered charge retains an allegation that the reckless driver was drinking, this is commonly called a California wet reckless plea bargain.

Our Los Angeles DUI Lawyers explain that California wet reckless plea bargains in DUI cases can be beneficial in multiple ways. For example, avoiding a conviction labeled "DUI" is a value in and of itself. And if the defendant has prior DUI offenses, a California wet reckless plea bargain can spare him or her from the harsher penalties that come with subsequent DUI convictions.

At the same time, however, they do not provide every advantage one might want them to. For example, prosecutors can use a California wet reckless plea bargain as a prior DUI if the defendant is arrested for drunk driving in the future... despite the fact the final conviction was for reckless driving. Also, people taking this plea must often still attend alcohol classes and pay fines to the court the same way people convicted of DUI must.

Our Los Angeles DUI Lawyers point out that there many issues to consider with regard to California wet reckless plea bargains in DUI cases. In some, taking the plea may be a client's best option. In others, rejecting the plea and mounting a full DUI defense may be more appropriate. Ultimately, this is a serious matter that should be addressed in consultation with an experienced attorney who can help a person determine what is best for him or her individually.