Braden & Tucci Braden & Tucci
949-996-0170

Wet Reckless Lawyer in Orange County

Wet Reckless Charges in California: What You Need to Know

If you’ve been arrested for driving under the influence (DUI), one potential outcome of your case is having the charges reduced to a wet reckless. While still serious, a wet reckless carries less severe penalties than a DUI conviction and can be an option in plea deals, especially for first-time DUI offenders.

A wet reckless is not a separate offense you can be charged with initially. It’s a reduced charge that can be agreed upon during plea bargaining between your attorney and the prosecution. 

The term "wet" refers to alcohol or drug involvement. Essentially, pleading to a wet reckless means you acknowledge that alcohol or drugs were involved in the incident, but you avoid the harsher consequences of a DUI conviction.

A wet reckless plea is typically offered in cases where:

  • The evidence against you is weak, making a full DUI conviction difficult for the prosecution.
  • Your BAC was close to the legal limit (0.08% or slightly above).
  • There were no aggravating factors such as an accident, injuries, or reckless driving.

It’s important to note that the prosecution is not obligated to offer a wet reckless plea, but an experienced DUI attorney can negotiate on your behalf to make it a possibility.

Why Plead to a Wet Reckless?

There are several reasons why accepting a wet reckless plea can be beneficial:

  • Lighter penalties: Wet reckless charges usually carry lower fines, shorter probation periods, and reduced jail time compared to a DUI conviction. 
  • No mandatory license suspension: Unlike a DUI, a wet reckless conviction does not automatically trigger a mandatory driver's license suspension from the court. However, the DMV can still suspend your license separately based on your BAC or refusal to take a chemical test at the time of arrest.
  • Shorter DUI school: If convicted of a wet reckless, you will likely be required to attend a DUI education program, but it will be a shorter course than for a standard DUI.
  • Less impact on future charges: While a wet reckless does count as a prior DUI if you are arrested for DUI again within 10 years, it is viewed more favorably by employers, insurance companies, and courts than a full DUI conviction.

Negotiating a wet reckless plea requires skill, knowledge of the legal system, and an understanding of the evidence in your case. When you contact Braden & Tucci, we will thoroughly evaluate the circumstances of your arrest, challenge the prosecution’s evidence, and seek to reduce the charges to wet reckless if it’s in your best interest. 

In some cases, we may be able to pursue a dismissal of your charges entirely or other alternative sentencing options.

California's Wet Reckless Law

California Vehicle Code § 23103.5

  1. When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of any alcoholic beverage or ingestion or administration of any drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of any alcoholic beverage or the ingestion or administration of any drug by the defendant in connection with the offense.
  2. The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).
  3. If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor’s statement under subdivision (a) states that there was consumption of any alcoholic beverage or the ingestion or administration of any drugs by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections.
  4. The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622.
  5. If the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.
  6. The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the program described in subdivision (e) as to treating persons convicted of violating Section 23103.

    We help you move forward

    • “Mr. Tucci is an aggressive bulldog attorney that you want representing you!”

      - Bree R.

    • “Thank you again, Mr. Tucci, through your efforts you have altered the course of my life. Truly the greatest to have ever done it.”

      - Less F.

    • “Thanks to Vincent Tucci, my son’s warrant was quashed, his two charges dismissed, and my son never had to appear in California!”

      - Paula H.

    What sets us apart:

    • Zealous, Individualized Representation for Your Case
    • Proven Successes in Trial, in Court & with the DMV
    • Certified in Alcohol Screening & Field Sobriety Testing
    • Southern California’s Most Respected DUI Attorney
    • Former President of the CA DUI Lawyers Association
    • Southern California’s Most Aggressive and Successful DUI Attorney

    Contact Us for a Consultation

    We Know What You're Facing. We Know How To Win.

    Schedule a Consultation or
    949-996-0170
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your phone number.
      This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.