What Is a “Wet Reckless” in California?

You’re stopped by the police on your way home. Your field sobriety test shows that your BAC (blood alcohol content) is just above the legal limit. Will you have to face DUI charges? 

In California, there’s a chance that you can avoid a  DUI conviction. California prosecutors have the option to let you plead guilty to reckless driving even if you consumed alcohol or drugs before driving. When alcohol is involved, the crime is called a “wet reckless.”

This article outlines what a “wet reckless” plea is and how it works. It also discusses the advantages and disadvantages of taking a wet reckless plea. Finally, it explains how a Marin County DUI attorney can help you and your family. 

Understanding the Many Types of Driving Crimes in California 

According to the California Office of Traffic Safety, about 4,000 Californians died in car crashes in 2023. About one-third of these fatalities involve alcohol. As such, it makes sense that California law limits drunk driving to make our roads safer. 

Section 23152(a) of the California Vehicle Code makes it illegal “for a person who is under the influence of any alcoholic beverage to drive a vehicle.” The punishment for a first DUI that doesn’t cause injury is anywhere from 96 hours to six months in jail and a fine of $390 to $1,000. Typically, the person also serves three to five years of probation. 

The punishment for DUIs that cause injury is more severe. An injury-causing DUI carries fines and probation requirements that are similar to a non-injury DUI, but the jail time increases to a range of 90 days to not more than one year if it is charged as a misdemeanor. However, an injury-causing DUI is a wobbler, so it can be charged as a felony or a misdemeanor depending on the circumstances. If charged as a felony, the punishment can range from 16 months to three years in jail. 

Section 23103 says, “A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” In California, “willful and wanton” means that the accused was aware of the risk that they could injure others, but continued their dangerous activity despite being aware of the risk. 

What is “Wet Reckless” in California? 

Prosecutors have considerable discretion to decide the appropriate charges or to offer plea agreements. 

 “Wet reckless” is not a standalone crime. In other words, you can’t be arrested or booked for it. However, a prosecutor can allow you to plead guilty to it. 

Section 23501.5 of the Vehicle Code gives prosecutors the ability to offer special plea agreements in DUI cases. When a person is charged under Section 23152 (DUI), the prosecutor can allow them to plead guilty or nolo contendere (no contest) to the charge. If the incident involved alcohol, the prosecutor must say so. The presence of alcohol makes the charge a “wet” reckless. 

When is a “Wet Reckless” Plea Available? 

By its terms, the wet reckless statute doesn’t include many limits. For instance, it doesn’t say it’s only available for a first- or second-DUI. So, in theory, it should be available in many cases. 

However, there are some legal and practical limits. Legally, a wet reckless plea can only be extended in misdemeanor DUI cases. Practically, prosecutors are more likely to offer the plea for a first DUI. The option is rarely extended on third or fourth offenses. Similarly, although a DUI involving injury can be a misdemeanor, prosecutors are less likely to mention wet reckless in these cases. The same is true when the defendant has multiple prior DUIs or the case was especially egregious, such as driving drunk with a child in the car. 

Advantages and Disadvantages of Accepting a “Wet Reckless” Plea

Before accepting a wet reckless plea, you should consider the advantages and disadvantages of doing so. Here are a few of each. 

Advantages of Accepting a Wet Reckless Plea

Less jail time. Wet reckless is a misdemeanor that carries a 5- to 90-day county jail term. While 90 days is not a trivial amount of time, it is far less than the six-month maximum jail term that comes with a misdemeanor DUI conviction. 

Lower fines. Similarly, wet reckless has lower fines than a typical DUI. The wet reckless fine is $145 to $1,000. The $145 starting point is much lower than the $390 minimum fine for a misdemeanor DUI. 

Other advantages. Other potential advantages of a wet reckless plea include: 

• Less time in DUI school (12 hours compared to 30+ hours)
• No DUI conviction 
• Lower immigration exposure 

Disadvantages of Accepting a Wet Reckless Plea

It’s still a conviction. You may have heard about some of California’s diversion programs. In a diversion, a person is charged with a crime, but the court agrees to dismiss the charges upon completion of certain steps. Wet reckless is not diversion. Pleading guilty to “wet reckless” does not dismiss charges. You’ll still have a conviction on your record. 

You’ll still have a prior DUI conviction. In California, the punishments for DUI depend, in part, on whether the person has any prior DUI convictions. The same statute that allows the “wet reckless” plea specifically says that taking this plea will still count as a prior DUI conviction. As such, if you get another DUI within 10 years of the wet reckless, the court will have to consider it as a prior. Your jail time, fines, and the likelihood of other consequences – such as license suspension and or ignition interlock devices – will increase. Also, it’s important to note that while your wet reckless may be eligible for expungement under new laws, clearing your record will not prevent the wet reckless from being treated as a prior.

Other disadvantages. Other potential downsides to a wet reckless guilty plea include: 

• Auto insurance impacts 
• License suspension 
• Your record will still show an alcohol-related conviction

More Questions About Accepting a “Wet Reckless” Plea in California? 

If you’ve been charged with DUI, pleading guilty to wet reckless may be a good choice. But it’s up to the prosecutor to offer it. If you’re interested in a wet reckless plea, you’ll need a solid Marin County DUI lawyer in your corner to negotiate with the prosecutor on your behalf and help you weigh your options. 

If you need help with DUI or other criminal law issues, contact Brownstein Law Group. We can help you navigate the legal system and protect your rights. Call us today at 415-965-6183 or click here to schedule an appointment.