DUI offenses attract repercussions for accused persons, including license suspension and payment of expensive fines. The punishments arise from the potential risks and harm that driving under the influence can cause innocent third parties. Subsequently, regular penalties can lead to severe outcomes that may make it difficult to reintegrate into society. Nevertheless, you can negotiate for a wet reckless charge with the prosecutor handling your case. Doing so puts you in a better position to receive less severe consequences for driving under the influence, to your advantage. Since negotiations with the prosecutor require legal knowledge and experience, you want to partner with a skilled criminal lawyer. Their assistance goes a long way in ensuring you receive the best available terms after your DUI offense. At California Criminal Lawyer Group, we dedicate ourselves to providing high-quality legal services to anyone facing DUI charges in Santa Ana, California. Over the years, we have worked with hundreds of clients in securing a wet reckless charge for a more straightforward process after facing a DUI arrest.
Understanding What a Wet Reckless Charge is
A wet reckless is the equivalent of a DUI charge under a plea bargain with the prosecutor. This means that once you accept to plead guilty or no contest to having involved yourself in driving under the influence. As a result, the prosecutor handling your case will reduce your charge and the penalties following a more lenient classification; a reckless charge.
For an additional definition, the term 'wet’ in a wet reckless charge relates to the use of alcohol, resulting in the charged offense. The opposite of a wet reckless offense is a dry reckless charge, indicating recklessness where no alcohol is involved. This can occur in day-to-day driving where you as a motorist will have exercised less caution than required on the road.
Although a wet reckless deal benefits most DUI offenders, you should note that it does not absolve you from facing criminal penalties. Instead, you become eligible to receive more lenient punishment and non-mandatory terms for most orders that may otherwise be mandatory if your case proceeds under a DUI charge.
The Process of Securing a Wet Reckless Deal
Securing a wet reckless charge requires you to negotiate with the prosecutor assigned to your case. Therefore, you will need to approach them and discuss the possible terms for consideration. Moreover, you both need to agree on the most suitable deal structure, meaning that you should know what to expect before agreeing to a wet reckless deal. This promotes the element of fairness and upholding justice, which is essential for every criminal case.
Once you and the prosecutor agree to the terms, you will present the wet reckless agreement before the court for further approval. This procedure helps the presiding judge assess the terms and determine whether they suit your case application. Typically, the judge will render their signature of approval within a few hours or days, depending on the case backlog they are dealing with.
Afterward, you will need to officially plead guilty or no contest to the wet reckless offense to aid in records preparation. This paves the way for the subsequent communications between the court and the department of motor vehicles (DMV), which is the body authorized to oversee traffic case hearings and record-keeping. This way, you will not have your records appearing for two different offenses, as your previous DUI charge is no longer applicable.
Factors for the Prosecutor to Consider Before Issuing a Wet Reckless Deal
Noteworthy, the prosecutor holds discretion in determining whether to authorize a wet reckless deal. Securing the agreement will mean you face reduced penalties as your DUI charge changes to a recklessness offense. Subsequently, the prosecutor must satisfy themselves that your case circumstances warrant consideration to adapt a wet reckless deal. To do so, the prosecutor must establish that:
You Do Not Have a Prior Criminal Record
Having no prior criminal records related to driving under the influence is advantageous for you, as you reduce the attention and scrutiny you would otherwise face as a past offender. Therefore, you will have a smoother process towards securing your wet reckless deal.
Your Blood Alcohol Concentration Was Below 0.08%
Your BAC level is a good indicator of your case severity, as it displays your alcohol levels at the time of the arrest. Therefore, reading below the legal limit can work in your favor, as it may show that you did not intend to break the law.
There Were Challenges and Setbacks During Your Arrest and Investigation
If you face police misconduct or irregular investigation patterns in your case, they may be enough to discredit the prosecutor’s attempt to build a case against you. Therefore, raising this issue is helpful towards convincing the prosecutor to charge you with a wet reckless offense compared to a regular DUI charge.
Benefits of Securing a Wet reckless Deal
Most accused persons opt for the wet reckless deal because of the benefits they may receive. However, assessing these benefits is essential, as some circumstances do not provide a significant resource for you.
This is common where the accused person is a repeat offender, meaning that the wet reckless bargain terms are not likely to differ much from a standard DUI charge. On the other hand, you may be unaware of the benefits you are entitled to after accepting a wet reckless DUI bargain. Thus, learning what to expect keeps you knowledgeable so that the prosecutor cannot take advantage of you in determining the terms applicable to your case. The following are benefits of acquiring a wet reckless deal compared to a regular DUI charge:
You May Receive a Shorter Jail Sentence
Securing a shorter jail term can be highly beneficial for you, especially because it reduces your hardships during reintegration into society. Therefore, working with your criminal defense attorney to secure a wet reckless deal is an excellent opportunity to access a shorter duration behind bars.
When facing a regular DUI sentence, your jail terms may range from six months as a first-time offender. Moreover, repeat offenders are likely to face a jail sentence of up to one year, depending on the presiding judge’s discretion. This can be detrimental for persons with academic and career-related responsibilities, as you will fall behind in achieving your goals.
Therefore, having the option to serve only five to ninety days in jail under a wet reckless charge is a better alternative. Noteworthy, since the presiding judge weighs different case circumstances before determining the exact sentence, you may receive a minimum of five days or a maximum of ninety days.
Nevertheless, having your criminal defense attorney follow up on the case can help you secure a shorter sentence, provided they present solid evidential sources.
A License Suspension Order is Not Mandatory
Conventional court orders in DUI cases require the department of motor vehicles to suspend your license if the judge finds you guilty. This often means you lose your grip to operate a motor vehicle for a duration ranging from six months to three years.
First-time DUI offenders will lose their licenses for six months, while second-time offenders may receive a two-year license suspension. Moreover, third-time offenders will have their licenses suspended for three years, giving them limited access to their driving rights.
As a result of losing your driving privilege, you may experience avoidable inconveniences and shortcomings in your life. For example, commuting to work can become more challenging, leading to lower productivity and rampant absenteeism.
A license suspension also interferes with your DMV record, which may negatively affect you in case of future arrests or penalties for a traffic offense. Thus, avoiding the setbacks that come with suspension through a wet reckless charge is beneficial.
Once the prosecutor agrees to change your DUI case to a wet reckless charge, you can avoid license suspension orders by fitting an ignition Interlock Device(IID) in your car. This device measures your blood alcohol concentration level every time you try to ignite the vehicle. As a result, the mechanism will only activate the car if your BAC level is within the legal limit.
Using an IID is more convenient than facing a license suspension, as you can still operate your vehicle if you follow all the regulations. However, you should remember that the prosecutor handling your case can recall the IID installation if your readings record that you have continuously exceeded the regulated BAC level.
Significant Reduction of Your Probation Period
Most persons convicted of a DUI offense may opt for a probation sentence instead of facing incarceration or payment of expensive fines. Under the probation program, the presiding judge will direct you to participate in activities aimed at helping you reform.
For example, you may have to participate in community service by cleaning your environment and volunteering in shelters and seniors’ homes. Moreover, your probation period may require you to pay restitution fees for any victims who suffered damages related to your drunk driving. The judge will assign a specific amount to repay, but they mostly rely on the victims’ claims statements.
Additional probation terms may require you to attend an alcoholics anonymous program where you will receive rehabilitative treatment and therapy sessions to deter you from continuous alcohol use that culminates into DUI offenses.
Under a regular DUI charge, your probation period will run for two to four years. However, probation durations under the wet reckless charge only last one to two years. Thanks to the shorter program, you can expect the DMV or the presiding judge to close your case sooner, giving you a chance to rebuild your life.
Your Fine Payments May Reduce
Parting with huge sums of money in fine payments can cause severe financial constraints for you, especially if the presiding judge or DMV officer settles for harsh punishment. Fine penalties are an alternative to incarceration, but some offenders may receive a jail sentence and a fine order.
Under regular DUI penalties, your fine penalty may cost up to $3000, while fine penalties for the wet reckless deal range from $145 to $1000. The significant difference in costs will be helpful for you, as you can use the money to pay your legal fees and restructure your life after arrest. Therefore, you can engage your criminal defense attorney to help you negotiate for more lenient terms with the prosecutor, provided you can provide all the information they request for processing your case.
Your Record Will Not Indicate a DUI Offense
Many people value having a clear criminal record, as it prevents you from facing challenges when trying to secure a job or academic advancement. Hence, a chance to avoid having your DUI offense reflected in your record can be quite advantageous, especially if you have educational and career goals.
Usually, the DMV office runs DUI-related records, so your criminal defense attorney may need to negotiate with the relevant DMV officer to ensure they do not enter a record in your name. In doing so, they should also work with the prosecutor handling your case, as they are well-versed with the legal requirements to convert your case to a wet reckless charge.
Although the prosecutor may authorize your request to change your DUI charge to a wet reckless deal, the DMV will still hold your name in their database for future reference. Nonetheless, your license and profile records will not present your DUI information but rather a wet reckless charge that is less serious in comparison.
No Mandatory License Suspension for Professional License Holders
If you require your driver’s license to provide professional services, it plays a vital role in retaining your job. Thus, you want to safeguard yourself from any possibility of a license suspension after a DUI offense because it may negatively affect your professional profile.
Negotiating a wet reckless deal can avoid a mandatory driver’s license suspension and request alternative terms to serve your penalties for driving under the influence. The prosecutor will disclose the possible options for your application, and your criminal defense lawyer will help you determine whether the alternatives are suitable for your consideration.
Reduced Duration in DUI School
Your DUI school attendance may remain mandatory even after securing a wet reckless charge, but you can expect a significantly reduced period. The school sessions aim to equip you with the necessary driving skills and practices to help you avoid repeat DUI offenses.
Usually, court or DMV mandates require you to attend DUI school for one and a half years to thirty months. The long duration may interfere with your daily routine and plans because you cannot leave your city for extended durations within the mandated period.
On the other hand, DUI school directives under a wet reckless charge will reduce the attendance duration to up to six weeks. The prosecutor will allow these terms, provided you demonstrate your willingness to attend and participate as required throughout the training process.
Commercial Drivers Do Not Have to Face Mandatory License Suspensions
Furthermore, commercial drivers risk losing their licenses after a DUI charge for an unspecified period if the DMV department issues suspension orders. Consequently, you may lose your source of income and face hardships arising from inadequate funds.
You can avoid these challenges by requesting your criminal defense attorney to negotiate a wet reckless deal, as it provides more fair terms. For example, once the DMV recognizes the changes in your case, they may order you to install an ignition interlock device for a specified period. If you agree to the terms, the DMV officer or presiding judge will only enter a wet reckless record, as long as you were not recklessly negligent in your driving.
Setbacks of a Wet Reckless Deal
Although a wet reckless deal provides many benefits for parties who choose to negotiate with the prosecutor, it does not completely absolve you from facing penalties for drunk driving. Therefore, you can expect to face several setbacks or case outcomes despite securing a more fair deal from the prosecution team. Common setbacks of receiving a wet reckless agreement include:
Your Car Insurance Service Provider May Treat Your Case as a DUI
Despite agreeing to plead guilty to your offense in exchange for a deal, your car insurance provider may overlook your case conversion and treat your matter as a DUI. Notably, parties seeking insurance benefits or compensation after an accident should not have engaged in reckless practices like drunk driving, as it demonstrates a disregard for the law and safety.
Therefore, if your insurance provider overlooks your case conversion to a wet reckless, you will miss out on your chance to recover damages. This can be detrimental for you, mainly if you depend on the money remitted to accident victims after an accident.
Despite this, you can request your criminal defense attorney to follow up on the matter and negotiate with the insurance company on your behalf. In doing so, you may secure a chance to receive part or the entire amount you expected.
Your Record Indicates You Have a Priorable Offense
Despite facing more lenient charges, you will still have a criminal record prepared against you, which may cause several setbacks when trying to secure a job or an academic opportunity. The only difference is that your record indicates a simple recklessness offense under the wet reckless charge. Thus, you will not face the extra scrutiny that offenders with a DUI charge face from potential employers or admission officers. Nonetheless, the existing record still makes you vulnerable to questioning, especially when applying for an industry-specific job as a commercial driver.
The Department of Motor Vehicles Can Elect to Proceed With a Hearing
As mentioned, the decision to change your charge from a typical DUI case to a wet reckless charge lies with the prosecutor. Therefore, while they may agree to your request after several negotiations, the DMV may still choose to take up your case and schedule a hearing.
You should note that a hearing notice from the DMV requires you to prepare for an administrative per se hearing, which means you will need to present your defense to win and avoid obtaining a record. Hence, you need to consult your criminal defense lawyer in preparing your counterarguments, as their involvement can be crucial in helping you win your case.
During the hearing, the relevant DMV officer will present the case facts that show your involvement in a DUI offense. For example, you can expect to have your BAC records read out, footage showing your reckless driving when drunk, and witness testimonies or statements.
Afterward, your attorney can present defenses for your charge, and if you successfully argue your position, the DMV will drop your case. However, most issues that proceed to a hearing may not result in a win for the accused because the DMV will have consolidated overwhelming evidence against you. Therefore, you may consider a better strategy by accepting the charges and requesting a lenient case outcome.
Your Driving Record Will Accumulate Points
Finally, while a wet reckless charge is lighter, it may still attract violation points under your DMV record. The points serve as a record-keeping reference, so any accumulations beyond a specific number may result in license suspension or revocation. However, you accumulate fewer points under a wet reckless charge than in a typical DUI case.
Find a Santa Ana Criminal Defense Attorney Near Me
Securing a wet reckless charge can be pivotal to your case, as it significantly reduces the repercussions you may face. Therefore, preparing to negotiate with the prosecutor assigned to your case should be a priority, as they will ultimately decide whether to proceed with converting your case to a wet reckless charge. During the negotiations, you also want to work closely with a criminal defense attorney with experience handling DUI cases. Thanks to their input, you can determine whether the prosecutor has provided you with fair terms. Moreover, your attorney can represent you during a DMV hearing if the officers decide to proceed with it. Hence, you want to partner with a qualified attorney to increase your chances of a successful case outcome. At California Criminal Lawyer Group, you have access to highly trained lawyers with a wealth of experience handling DUI cases. We aim to give each case the attention to detail necessary for a favorable outcome. If you or a loved one requires legal assistance with a wet reckless charge in Santa Ana, California, call us at 714-844-4151.
