12 Hour Wet and Reckless Program

In California, a "Wet and Reckless" charge is a lesser offense that may be offered as part of a plea bargain for individuals initially charged with Driving Under the Influence (DUI). While it carries fewer consequences than a DUI conviction, it is still a significant legal matter with long-term implications.

What is a Wet and Reckless?

The term "Wet and Reckless" refers to a conviction under California Vehicle Code §23103.5. This charge indicates reckless driving where alcohol or drugs were involved. The word "wet" denotes the involvement of substances, typically alcohol, during the incident. It is not a separate criminal offense but a plea deal negotiated in DUI cases.

How is a Wet and Reckless Different from a DUI?

A Wet and Reckless charge is often seen as a middle ground between a DUI conviction and having the charges dropped. The main differences between a Wet and Reckless and a DUI include:

Lower Penalties:

  • A Wet and Reckless conviction generally results in lighter penalties, including reduced fines, less mandatory jail time, and a shorter probation period compared to a DUI.
  • It typically does not carry mandatory license suspension unless required by the Department of Motor Vehicles (DMV) due to a failed or refused chemical test.

Driving Record Impact:

  • A Wet and Reckless conviction is noted on a driver’s record but is less severe than a DUI.
  • Insurance companies may still increase rates due to the "wet" designation, as it indicates substance involvement.

Priorability:

  • A Wet and Reckless counts as a prior DUI if the individual is charged with another DUI within ten years. This means it can lead to enhanced penalties in future DUI cases.

Consequences of a Wet and Reckless

While less severe than a DUI, a Wet and Reckless conviction still carries consequences:

  • Fines and Fees: The court may impose fines, typically lower than those for a DUI.
  • Probation: Defendants are often placed on informal probation, usually lasting one to two years.
  • Alcohol Education Program: Completion of a DUI education program is generally required.
  • Impact on Employment and Insurance: The conviction can affect job opportunities and lead to higher insurance premiums.

Why Accept a Wet and Reckless Plea?

Defendants may accept a Wet and Reckless plea for several reasons:

  • Avoiding a DUI Conviction: A Wet and Reckless charge avoids the stigma and harsher penalties associated with a DUI.
  • License Preservation: Unlike a DUI, a Wet and Reckless does not necessarily result in an automatic license suspension, though the DMV may still impose one.
  • Shorter Programs: The required alcohol education program is shorter than the one mandated for a DUI conviction.

Who is Eligible for a Wet and Reckless Plea?

Eligibility for a Wet and Reckless plea largely depends on the specific circumstances of the case, including:

  • Blood Alcohol Content (BAC): Defendants with a BAC close to the legal limit of 0.08% are more likely to negotiate for this charge.
  • Evidence Strength: Weaknesses in the prosecution’s case, such as procedural errors or lack of strong evidence, may make a plea bargain more likely.
  • First-Time Offenders: Individuals with no prior DUIs or related convictions are often better positioned to secure a Wet and Reckless plea.

Finding a Wet Reckless Program

Online Class Advisor lists all licensed facilities that provide Wet Reckless Programs in state. Please see Find a State Licensed California DUI Program Near You for more information.