Unlike a wet reckless conviction, it will not count as a prior conviction. Even if your case does not qualify for a wet reckless offer, having the right dui attorney on your side helps to ensure that you get the best possible outcome based on the facts of your case and the mitigation provided. Pleading to a wet reckless has its own advantages and disadvantages. There are no mandatory sentencing enhancements for a wet reckless charge, unlike in the case of a dui. Allowing for wet reckless reductions in certain limited cases of dwi would reduce the workload for assistant district attorneys, allowing them to prosecute the more serious cases fully. I have two questions actually, how long does california keep records for this type of charges, and if the time has past. I am a traffic and misdemeanor defense lawyer in virginia. If you are charged with a dui, in some cases your lawyer may be able to have the dui charge reduced to a reckless driving charge. While a first dui may appear on your driving record in the form of a misdemeanor, a wet reckless appears as a prior. My dad seems to have his own philosophy about this almostdui. A wet reckless is a violation of vehicle code section 23103 pursuant to vehicle code section 23103. I recently did an fbi back ground check and it shows the charges back in 2000. However, im almost positive that wet reckless is a misdemeanor, and my dad knows that, too.
Wet reckless is a term that is not legally recognized in all. Any specific questions regarding your case should be directed to your convicting court. How does wet reckless appear on criminal record i was arrested for a dui in 2006 but plead down to a wet reckless. Its a completely separate offense from dui, and it carries much lower penalties. In particular, it may depend on whether the defendant already has a dui or wet reckless on his or her record. If you have been charged with dui or dwai in colorado, call tiftickjian law firm today to discuss your case. Reckless driving is a fourthdegree misdemeanor if the driver has been convicted of one motor vehicle or traffic offense within the past year. A wet reckless is a reduced charged from driving under the influence. Reckless driving moving violation traffic ticket attorney. Is a wet reckless a felony or a misdemeanor or just a driving violation. Stream our reckless driving defense videos download our. It is important to know that there are two different types of reckless driving charges related to a dui prosecution. There are not huge differences between a dui and wet reckless conviction in california, however there are some differences.
This program meets the requirements for conviction of an offense outlined in 23140 for 1820 year olds and also 23103 wet reckless charge for all adult ages. A reckless driving offense involving property damage or minor injuries is a firstdegree misdemeanor. A wet reckless will depend upon the system and court youre in. There is, however, a significant difference between a dui conviction and a wet reckless conviction. If someone is convicted of wet reckless, that conviction will be treated as a prior dui if there is a dui. First, those convicted of a wet reckless usually have to participate in an alcohol and drug awareness program as a condition of probation. In july 2000 i was charged with a wet and reckless misdemeanor dui in california. In order to do this, however, you must have a strong argument for your defenseand having the right legal representation can greatly improve your chance of success. Wet reckless is the term used by virginia traffic defense attorneys when a. The conviction will appear on your record as if you were initially arrested for a reckless driving charge. Second, a wet reckless will count as a prior dui conviction if the motorist is convicted of driving under the influence within ten years following the wet reckless conviction.
I wanna know that wet reckless driving is in the category of trafficrelated misdemeanor or infraction. In new hampshire, a wet reckless plea bargain might be accepted when the amount of alcohol is just at the legal limit, if there was no resulting motor vehicle accident or if you have no prior record. Tom wilson counseling center offers online dui alcohol education for those who received a dui in the state of california but do not live in california and do not have a valid california drivers license. A dui will often have harsher penalties and carries a greater stigma then a wet reckless conviction. Difference between dui and wet reckless in california. This information is true for most people and most cases, but not all. A wetreckless will generally be offered where the drivers bac was. The mandatory minimum sentence for a wet reckless may be less than for a dui.
My dad says that the wet reckless is just a traffic infraction, and not something to divulge as a misdemeanor if asked on an employment application. Wet reckless charges are most commonly an option in firsttime dui cases in other words, when drivers do not have any prior wet reckless or dui charges on their record and their bac was just below, at or just above 0. Maybe you only failed one field sobriety test or your blood alcohol concentration was 0. Wet reckless driving is a lesser charge than dui, and in some cases a dui charge can be reduced to a wet reckless. Fortunately in california there is relief available if you have every been convicted of a wet reckless or dui. A charge of wet reckless typically carries fewer obligations, punishments, and costs than a traditional duidwi. Wet reckless driving is considered dangerous driving when the drivers alcohol content is above legal limits.
A person convicted of reckless driving with a measurable amount of alcohol in their blood must complete a twelvehour dui education program. The reality is that almost no one does jail time for reckless driving. While this is still a serious charge, the penalties are lower. Wet reckless is a common plea bargain to a dui charge that carries lesser penalties but still counts as a prior dui on the persons record. This is generally a good thing, and a huge victory for your casethe penalties are substantially less. A reckless is technically a misdemeanor like a dui, but in reality, there are. What is the difference between dui and wet reckless. Sb1176 wet reckless 12 hour class this is a 12 hour alcohol awareness class for those required to take a sb1176 class.
A person convicted of a first dui offense must complete a statelicensed 3month, 30hour alcohol and drug education and counseling program. A wet reckless is a reckless driving conviction that can be used as a prior offense in the event of a future drunk driving conviction. This page contains a list of the 12 hour wet reckless classes in orange county, california. California dui wet reckless if you were recently arrested for driving under the influence dui in california, you may be able to get the charge reduced to a lesser offense. In some cases, your lawyer may be able to get you a deal where you accept a dry. Some of the advantages of pleading guilty to a wet reckless are listed below. For example, the wake county district attorneys office could offer wet reckless reductions, but only if defendants met the following criteria. Dry reckless charges vs dui dry reckless is another name for the charge of reckless driving.
The sb 1176 program is also referred to as ab 803 wet reckless online dui california program. New hampshire dwi penalties nh drunk driving defense. A wet reckless conviction is a reckless driving conviction, which does not carry the. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. How long does reckless driving stay on your record. I literally wrote the book on reckless driving in virginia which you can get on amazon here or download for. Pleading guilty to a wet reckless charge in arizona. California has a tenyear look back period for alcohol andor drugrelated driving offenses. The wet reckless charge was devised to provide an incentive for dui defendants to enter into a plea bargain, in fact a wet reckless is not something you can actually be arrested for. Dry reckless dcd law dui and criminal defense lawyer. It is a basically a misdemeanor reckless driving offense.
In my experience, a dry reckless result is even better than a wet reckless, which is already a good. I received a wet and reckless charge, how can i get the charge expunged and taken off my record in california. Here at off the record, we may be able to help too. Read about floridas reckless driving laws and the consequences of a. A prosecutor may be willing to offer a plea agreement for a wet reckless outcome where it may be hard to prove a defendants blood alcohol level with certainty. As such, it is not subject to the mandatory jail sentences that certain dui offenses require. Whether to accept a dui plea bargain such as wetreckless is a decision an accused driver should make only after receiving expert legal advice. A wetreckless is similar to a dui but does not carry some of the same mandatory punishments that a misdemeanor dui carries. A dui, on the other hand, can trigger terms of imprisonment lasting as long as 6 months.
A wet reckless conviction is a reckless driving conviction, which does not carry the stigma that a dui conviction has, even if both offenses are classified as misdemeanors. A wet reckless, sometimes wrongly called a wet and reckless, or even misspelled as a wet wreckless, is a special charge. A dry reckless is a misdemeanor under vehicle code section 23103 and carries possible fines, probation, and a jail term. Wet reckless driving is trafficrelated misdemeanor or. If your reckless driving charge is brought as a felony, you, more than any. However, as part of a negotiated dry reckless plea bargain, the prosecutor andor judge may require that you participate in a sixweek program. A motorist whos convicted of a wet recklessin addition to the normal reckless. A wet reckless carries a maximum jail sentence of 90 days. In some circumstances the charge can be reduced to wet reckless. A wet reckless is a common plea agreement in california drunk driving cases. What type of violation is a wet reckless considered in california. A dry reckless charge is offered if the drivers blood alcohol is under or right around the legal limit of. Sb1176 alcohol awareness program dui education class. Penalties for dry reckless pleas are the least serious of the three charges.
Wet reckless is a slang term thats used to describe an outcome for a dui or dwi charge in virginia. Im applying transfer to universities and i should fill out the criminal report form. I dont know how it will show up on the criminal background check, but if it does and. I received a wet and reckless charge, how can i get the. Hey, i got a wet reckless driving, which is a recklass driving with alcohol involved, in california. If you have a felony conviction involving dishonesty or breach of trust, you. What type of violation is a wet reckless considered in. Can reduce a misdemeanor wet reckless to infraction or. Differences between wet reckless and dui differences between wet reckless and dui driving under the influence dui is a serious charge.
Wet reckless is a slang term thats used to describe an outcome for a dui or. Wet reckless under california vehicle code section 2310323103. This is a conviction of reckless driving that carries lesser. If youre charged with virginia dui or dwi you may have seen a term thrown around called wet reckless. A wet reckless driving conviction in california is a criminal misdemeanor, and thus it very well could show up as part of a background check. While some alleged offenders are able to have operating a vehicle under the influence of alcohol or drugs ovi charges reduced to reckless driving also referred to as wet reckless, many others are simultaneously charged with drunk driving and reckless driving.
California wet reckless driving penalty ca dui laws. This program can be taken completely online and is ideal for completing the wet recklessdui requirement. A wet reckless has a maximum jail sentence of up to six months in jail and carries substantially reduced fines than a dui. Is reckless driving a felony or misdemeanor in california. Is a wet reckless may be dismissed a motion needs to be made with the court and experience attorney in san diego should be contacted. It is not significantly different than a dui conviction in that it is an alcoholinvolved driving criminal misdemeanor charge, but the penalties are somewhat reduced, including shorter license suspensions and probation periods. Reducing a dui charge to reckless driving law office of darren. However, other eligible offenses may be eligible for a dui diversion or to be plead down to a wet reckless charge to avoid certain penalties and. This is the shortest requirement available for first time offenders and is taken for violating the ca vehicle code 23103. If wet reckless driving is neither trafficrelated misdemeanor nor infraction, which questions should i answer. Can i say no to conviction of misdemeanor on my application. Wetreckless is a misdemeanor charge, and carries less severe court punishment than a california dui conviction. The maximum jail time for a wet reckless is considerably shorter than for a dui. Like a dui, you will receive 2 points on your license.
This is especially significant if you have 3 prior dui convictions since a fourth is a felony, or you were involved in an alcoholrelated injury or fatal accident that is usually charged as a felony. The driver pleads to reckless driving with alcohol involved hence the wet reference. Whether wet reckless is a good plea bargain depends on the circumstances of the case. In july 2000 i was charged with a wet and reckless. Luckily i have not been in any legal trouble since. A wet reckless conviction looks almost exactly the same on paper as a dui does, so why is it so important for a registered nurse to push for this result at the criminal level.