A driving under the influence (DUI) charge can result in severe consequences and a long-lasting negative impact on your record. Aside from the possible expensive fines and jail term, a conviction for a DUI charge can cause the suspension of your driver's license, significantly affecting your life, especially if you work as a driver.

Since the alcohol or drug level in your blood plays a critical role during the prosecution, with the help of your attorney, you can reduce the alleged DUI charge to a lighter charge like dry reckless. A dry, reckless conviction has less severe legal consequences than a DUI charge. Unfortunately, not every driver charged with DUI can qualify for this plea bargain option.

You will need a seasoned attorney to help convince the prosecutor you are an excellent candidate for this favorable plea bargain option. Without an attorney, the prosecutor will have no incentive to offer you this plea bargain deal because he/she knows there are high chances he/she will secure a conviction against you at trial.

If you are under arrest or have a DUI charge in Santa Ana, our reputable and aggressive attorneys at California Criminal Lawyer Group will gladly do what they do best to help you. We will negotiate with the prosecutor to receive a lighter charge, like dry reckless if not dismissal of the alleged DUI charge.

How Dry Reckless Differ From Wet Reckless

Dry reckless and wet reckless are two potential lighter or less severe offenses you can take as a plea deal if you are under arrest for an alleged DUI charge. They are both types of reckless driving offenses, but they differ in the eyes of the law. Vehicle Code (VC) 23103 defines a dry reckless offense as driving with willful disregard for human health and safety.

Generally speaking, any behavior on the road that shows disregard for human safety can attract dry reckless charges, including road rage and speeding. A wet reckless is also a favorable plea bargain deal with lighter penalties than a DUI charge. A wet reckless offense differs from a dry reckless offense because it involves alcohol and will appear on your criminal record like a DUI charge.

A wet reckless offense is also priorable, meaning the court will consider it when deciding an appropriate sentence for subsequent DUI charges. Like a DUI charge, a wet reckless offense can cause the revocation of your vehicle's insurance or make it significantly more expensive.

Therefore, most experienced DUI attorneys will seek a plea bargain for a dry reckless charge, which attracts less severe penalties than a wet reckless charge.

Dry Reckless Charge as a Plea Bargain Option for an Alleged DUI Offense

A plea bargain or deal is an agreement between you and the prosecution team to resolve the alleged charge. Although plea bargaining can occur at any stage of the criminal prosecution, an experienced attorney will request a plea bargain or deal during the arraignment hearing. Like any other charge, plea bargains are not automatic when charged with a DUI offense.

During your initial court hearing, your defense attorney can request a plea bargain for the alleged charge. If the judge approves your plea bargain request, your attorney and the prosecutor will begin negotiating to find a favorable plea deal for the alleged DUI charge.

You could qualify for a favorable plea bargain like a VC 23103 violation if your attorney has sufficient and clear evidence to prove that:

  • The arresting police violated your legal rights.
  • Your blood alcohol concentration (BAC) was inaccurate.
  • The arresting officers did not have probable cause to warrant your arrest.
  • Your blood test results at the police station were inaccurate.
  • You had a rising blood alcohol.
  • You have diabetes or gastrointestinal disease (GERD).
  • The arresting officer did not observe you for a minimum of 15 minutes before administering a breathalyzer test.
  • There is insufficient evidence to prove that you were impaired driving.
  • You had residual mouth alcohol.

If the prosecutor has strong evidence against you, meaning he/she is likely to obtain a conviction against you, a plea bargain offer is an option you cannot overlook. However, when your attorney finds a weakness in the prosecutor's DUI case against you, he/she could choose to defend the charge at trial for the best possible outcome.

Benefits of a VC 23103 Violation Plea Deal Over a DUI Charge or Conviction

Your defense attorney will recommend accepting a dry reckless plea bargain offer because it has several advantages over a DUI conviction. Some of the advantages of taking a VC 23103 violation as a plea offer instead of challenging the alleged DUI charge at trial include the following:

Dry Reckless is Not a Priorable Crime

As mentioned in the previous paragraph, a wet reckless and DUI offense are priorable, meaning you can face harsher penalties for subsequent convictions as a repeat offender. For instance, if the court suspended your driver's license for six months during your first DUI conviction, a second DUI conviction will result in a 2-year driver's license suspension.

However, if your attorney obtains a VC 23103 violation plea deal, a conviction or the sentence you will likely face will not impact your subsequent convictions. Although the court could indeed sentence you to harsher penalties if you have multiple dry reckless convictions on your record, it is not a mandatory legal requirement like you would expect in DUI convictions.

Shorter Jail Term

According to VC 23103, a conviction for a dry reckless offense will attract a jail term of up to ninety days. Conversely, if you are arrested for a first-time DUI charge, a conviction will attract a minimum of six (6) months of custody in the county jail. If you are a repeat offender, a second DUI conviction in ten (10) years will attract a jail sentence of up to one (1) year.

If the court awards you probation for a dry reckless charge conviction, you should be happy because you will not spend your sentence in jail. However, when you violate the conditions and terms of your parole or probation sentence, the court could sentence you to the maximum jail time required for a dry reckless conviction upon a re-arrest.

Shorter Probation Period

As mentioned in the previous paragraph, the judge could award you a probation sentence instead of jail time upon conviction for a dry reckless offense. Since not every offender is eligible for probation, you will rely on your attorney to convince the court that you are an excellent candidate for this alternative sentencing.

The judge will likely award you probation for a dry reckless conviction if you are a first-time offender and your criminal record is clean, meaning you do not have past-related convictions. While the court can award you probation for dry reckless and DUI charges, the probation period for a VC 23103 violation conviction is shorter, typically lasting 1 to 3 years.

On the other hand, the probation period for a DUI conviction can last up to five (5) years. One of the greatest benefits of serving a shorter parole period is that you will abide by the court-required probation conditions for a shorter period.

Additionally, you will quickly complete your parole and request the court to expunge your records under PC 1203.4. An expungement is typically a post-conviction relief option that can help you avoid the detrimental consequences of having a criminal record, for example, the challenges of obtaining employment.

To be eligible for an expungement under PC 1203.4, you must complete your parole period successfully and adhere to all the court-ordered conditions.

You Will Not Need an Ignition Interlock Device (IID)

Upon conviction for a DUI offense, the court will require you to install an IID in your vehicle(s) before you begin driving. An IID is a small breathalyzer gadget installed in your car's dashboard to prevent it from igniting when it detects alcohol in your breath vapor. That means you have to blow it before you ignite your car.

If you do not have alcohol in your breath vapor, your vehicle will start or ignite, and then, after driving for a certain distance, the IID will require you to blow it again to continue driving. Installation of this device in your car is important, especially after the court suspends your driver's license (DL).

Fortunately, a VC 23103 violation conviction does not require installing an IID in your vehicle because the court will not suspend your DL. That means you can continue driving without these inconvenient restrictions after a conviction.

Lesser Fines

Aside from jail time, a fine is another standard penalty for a DUI conviction. Prosecutors and judges are typically harsh on DUI offenders, and a conviction will most likely result in hefty fines. A first-time DUI conviction typically attracts a fine of up to $1,500 (including penalty assessments). Also, this fine could increase if your case has aggravating factors, such as:

  • Having a child under 14 onboard in your car.
  • High BAC level.
  • Prior convictions.
  • Excessive speeding.
  • Property damage.

On the other hand, a conviction for a first-time dry reckless offense will attract a maximum $1,000 fine, which is slightly lower than a first-time DUI conviction fine.

No Mandatory License Suspension

Unlike a DUI conviction, you will not lose your DL upon a conviction for a dry reckless charge. Generally speaking, a first-time DUI conviction will attract a six-month driver's license suspension. Like a jail sentence, your DL suspension period will be longer if you have prior DUI convictions.

However, the DMV (Department of Motor Vehicles) could allow you to drive with an IID after the suspension. On the other hand, a conviction for a VC 23103 violation does not trigger a suspension or revocation of your driving privileges, meaning you will retain your DL. However, a conviction will add two (2) demerit points to your DMV driving record, which can attract a negligent operator license suspension.

It is worth noting that the ultimate decision on whether you will lose your DL after a DUI arrest is on the DMV administrative judge and not the criminal court judge. Therefore, to avoid the possible suspension of your DL, you should strive to have the alleged DUI charge reduced to a lighter charge like dry reckless under VC 23103 and win your DMV administrative hearing.

No Enrolment to a DUI School

Generally speaking, the court will require you to enroll in a DUI school if you are guilty of any DUI offense, including underage DUI and wet reckless charges. The likely length and cost of your alcohol education program will depend on your specific DUI conviction. For instance, a wet reckless charge will attract a 12-hour DUI program.

Fortunately, enrolling in a DUI school is not required after a conviction for a VC 23103 violation. However, as a part of the negotiated VC 23103 violation plea deal, the prosecutor or the judge could require you to enroll in a six-week DUI program.

For all these reasons, you should strive to obtain a dry reckless plea bargain when arrested or charged with a DUI offense. Even if you are a first-time offender, you cannot overlook the need to work with an attorney if you are under arrest for an alleged DUI offense.

Your attorney will know the best defenses and arguments to convince the prosecutor you deserve a lighter charge like dry reckless, if not a dismissal of the entire DUI case.

Why You Need an Attorney When Charged With DUI

Being under arrest for an alleged DUI offense can be overwhelming, especially if it is your first time dealing with the police and prosecutors. However, you do not have to navigate the complex legal justice system alone. Retaining the services of an attorney is worth it if you are under arrest for an alleged DUI.

Your defense attorney can help untangle the complexities of the legal justice system and mitigate the possible consequences you could face upon conviction. Having a skilled attorney on your side if you are under arrest or charged with DUI could prove helpful to your case because:

He/she Will Help You During the Interrogation

The police and the prosecutor could want to question you after an arrest for an alleged DUI. However, you do not have to answer the arresting officers' confusing questions without an attorney because anything you decide to disclose to them could be used against you in court.

During the police questioning or interrogation after an arrest for an alleged DUI, your attorney can guide you on what to say and not say for the best possible outcome on your charge.

He/She Will Investigate the Alleged DUI Charge and Prepare the Best Defenses

Upon arrest for an alleged DUI offense, it is a wise idea to immediately start preparing your defense to challenge the charge for the best outcome. Even if you believe or are certain you were not impaired driving, the prosecutor and the judge will require you to prove your innocence to obtain a dismissal of the alleged charge or a reduced charge.

Once you hire an attorney, he/she can investigate your case, interview eyewitnesses, and find video footage that could help you obtain the best possible outcome on the alleged charge.

He/she Can Help You File a Motion to Dismiss the Alleged DUI Charges

Every defense attorney's primary goal is to help you convince the court to dismiss the alleged DUI charges. Even a lighter charge or plea bargain deal like dry reckless under VC 23103 can damage your career plans and reputation. However, your criminal record will remain clean when the court agrees to dismiss the alleged DUI charge.

Your defense attorney can file a motion to dismiss the alleged DUI charges if the following is true:

  • Your detainment was unlawful.
  • The arresting officer did not have probable cause for your arrest.
  • The arresting officers violated your constitutional rights, for example, the right to remain silent during the interrogation.

He/she Can Negotiate With the Prosecutor for a Lighter Charge

If a dismissal is impossible or the prosecutor's evidence against you is overwhelming, your attorney can negotiate with him/her for a lighter charge or favorable plea deal. With clear and convincing defense arguments, the prosecutor could agree to give you a VC 23103 violation plea deal, which carries lighter legal consequences than a DUI conviction.

Generally speaking, what your attorney can do for you if you are under arrest for an alleged DUI offense will depend on his/her experience and aggressiveness. For the best legal services you need to secure the most favorable outcome on the alleged DUI charge, you should find a defense attorney with the following qualifications:

  • Proper licensing credentials.
  • Proper qualification and experience.
  • A credible reputable.
  • Excellent communication skills.

Offenses Related to Dry Reckless Charge

Aside from a dry reckless charge under VC 23103, your attorney can negotiate with the prosecutor for other favorable plea deals to avoid a possible conviction and penalties for impaired driving. Below are other favorable plea deals for an alleged DUI offense:

Wet Reckless

Another common plea deal for an alleged DUI offense is wet reckless. Unlike a dry reckless charge, alcohol is a major factor in a wet reckless plea deal under VC 23103.5. Aside from being a priorable offense, below are some of the consequences of a wet reckless conviction:

  • Two points in your DMV driving record.
  • It triggers an administrative DMV hearing.
  • Chances of being treated as a DUI offender by your car insurance provider, resulting in higher or expensive premiums.

Whether or not a VC 23103.5 violation plea deal is favorable or advantageous for you will depend on your unique charge's facts and circumstances. Your attorney will help you determine whether this plea deal will work in your favor to avoid the detrimental and several consequences of a DUI conviction.

Exhibition of Speed

According to VC 23109(c), the exhibition of speed is a traffic violation chargeable when you accelerate your vehicle to a dangerously high speed to show off or impress someone. Aside from being a crime on its own, an exhibition of speed, also known as speed ex or street racing, is an available plea bargain offer in DUI cases.

To secure a conviction against you for a VC 23109(c) violation, the prosecutor must prove the following elements:

  • You did drive a vehicle on a highway.
  • While driving, you willfully engaged in a street racing or exhibition of speed.

Depending on your case's unique facts, the prosecutor could file this charge as either an infraction or a misdemeanor. When charged as a misdemeanor, a conviction for VC 23109(c) violation will attract the following potential penalties:

  • A fine not exceeding $500.
  • Misdemeanor probation.
  • Up to ninety (90) days of detainment in the county jail.

However, if the prosecutor files an exhibition of speed ticket as an infraction, a conviction will not attract jail time, but you will pay a fine not exceeding $250. Fortunately, like a VC 23103 violation conviction, a VC 23109(c) violation conviction is not priorable.

How to Obtain Expungement For a VC 23103 Violation Conviction

Whether you are guilty of a DUI charge or dry reckless offense under VC 23103, you could qualify for an expungement to avoid the detrimental consequences of a criminal record, such as:

  • Challenges in obtaining reliable employment.
  • Challenges in finding reliable housing.
  • Challenges in obtaining professional licenses.

According to PC 1203.4, you qualify for an expungement of your criminal record if the following is true:

  • You did not violate the terms of your probation for a VC 23103 violation conviction.
  • You currently have a criminal charge.
  • You are not serving jail time for any offense conviction.

Since an expungement requires filing a petition with the court, an attorney can help you prepare the necessary papers and evidence to increase your chances of obtaining this post-conviction relief.

Find a Santa Ana Defense Attorney Near Me

If you are under arrest for an alleged DUI offense, you should immediately speak with a reliable defense attorney. Early involvement of an attorney in the alleged DUI charge could help secure a reduced charge, like dry reckless, or an acquittal of the entire case.

At California Criminal Lawyer Group, we understand how overwhelming and stressful it can be if you are under arrest or charged with a DUI offense in Santa Ana.

Call us at 714-844-4151 to discuss the particulars and facts of your unique DUI charge with our experienced DUI attorneys. Once you contact us, we will devote our expertise and time to helping you negotiate for a less severe offense like dry reckless which carries lighter penalties.