San Diego DUI Law Center

“Wet Reckless” can help a person arrested for San Diego DUI

A “wet reckless” is better than a “DUI.” So if your San Diego DUI Lawyer can fortunately obtain what is legally known as a “reckless driving, alcohol-related” charge, you’re better off.

The facts:

You were arrested for DUI.
You are prosecuted for DUI.
The San Diego DUI Prosecuting Attorney can probably prove you were DUI.
They want a conviction for DUI.
They seek a guilty plea for DUI.
They can often prove your BAC was higher at time of driving than at the time of test.

If your San Diego DUI Attorney can successfully get the Prosecutor to agree to drop the DUI, you won’t have a “DUI” on your record.

What does this mean for your future?

You can answer “NO” to an employment or official question: “Have you been convicted of DUI?”

You never have to answer “yes” to a question asking if you have ever been convicted of DUI or driving with .08% or more (California Vehicle Code section 23152).

What does this mean for you now?

In contrast to being convicted of either DUI [Vehicle Code section 23152(a)] or Driving with .08% or more [Vehicle Code section 23152(b)], with a wet reckless, California DMV will not send out a computer-generated Order suspending your license for 6 months to 2 years, depending on whether it’s a first or second offense.

California DMV does not require completion of an alcohol program after a wet reckless (although the court probably will).

Or if your San Diego DUI attorney was somehow able to get California DMV to take no action against your license by getting DMV to set aside the administrative action, there is no requirement that you have your insurance company file an SR-22 proof of insurance certificate with the California DMV. That could mean additional insurance premiums savings for you.

If your San Diego DUI lawyer gets you a wet reckless in court, no further California DMV action will be taken against your license (other than any NOTIFICATION OF FINDINGS AND DECISION arising out the DMV administrative per se action).

With a wet reckless, the program you do for court is the same program you have to do for any restricted license arising out of any administrative suspension action by California DMV, so you will be able to use proof of one program for both court and DMV.

With a wet reckless, you will be placed only three years informal (summary) probation instead of five years. That means after three years, you can get the wet reckless driving charge expunged. A legal withdrawal of plea, an entry of not guilty, and a court dismissal of a wet reckless driving charge is obviously very useful. If the petition is granted, you are released from ALL penalties and disabilities resulting from the conviction of a wet reckless.

During the three years, if asked what you were convicted of, you do NOT say you were convicted of DUI; you were convicted of just (wet) reckless driving in violation of Vehicle Code section 23103(a) which is how it shows up on your California driving record print-out.

It is important to remember how difficult it is to win a DUI case. San Diego’s DUI Prosecutor’s Offices regularly prosecute and obtain DUI convictions, and even when the BAC is less than .08%. (See this article). San Diego DUI Prosecuting Experts testify there are studies which have shown that there is an increased likelihood of an accident if one’s BAC is .05% or more. The prosecutor’s expert says drivers can be impaired at .05%.

There are many challenges in these San Diego DUI cases. A wet reckless eliminates the risk of being convicted of DUI.