Hiring a DUI defense attorney is the best way to avoid serious charges. The most common way to get a DUI driving charge is through a plea agreement. Raising a strong legal defense to a DUI charge may prompt prosecutors to drop the charges. In any case, it is essential to hire a professional DUI defense attorney to get the best possible outcome.
How to Get a DUI Charge Dropped to Reckless Driving
The two most common ways to get a DUI charge reduced to reckless driving are through plea bargaining or by presenting strong legal defenses. These strategies are interrelated. Presenting a strong legal defense can often convince the prosecutor to offer a more generous plea deal, including a guilty plea to reckless driving.
Plea Bargain
A DUI defense attorney can help you pursue a plea bargain, where you plead guilty to reckless driving in exchange for the DUI charge being dropped. This type of plea deal is known as charge bargaining and is used by both law enforcement and the court system to expedite the criminal justice process and save resources. Many defendants use charge bargaining to avoid the risk of a serious criminal conviction, like DUI, by accepting a lesser conviction instead.
You are more likely to get a DUI charge reduced to reckless driving if you:
- Have not been convicted of DUI in the past
- Have a clean, or nearly clean, criminal background
- Had a low blood alcohol content (BAC) level at the time of the arrest
- Did not cause an accident
- Were over the age of 21
Any plea deal is a negotiation between the prosecutor and you, typically through your criminal defense attorney, and must be approved by the judge. Plea deals can be struck at any time, from before the arraignment up to the trial.
Sometimes, accepting a plea deal to drop the DUI charge to reckless driving is a good idea. However, if you have strong legal defenses and a good chance at an acquittal, pleading guilty to reckless driving might not be a wise move. A criminal defense lawyer can help you make this decision.
Raise Strong Legal Defenses
Raising strong legal defenses to the DUI accusation is another strategy to get the charge reduced to reckless driving. By presenting evidence that shows the difficulty of securing a DUI conviction, you can convince prosecutors to reduce the charge.
Common legal defenses include:
- The traffic stop was unlawful or not supported by probable cause
- The police officer did not properly conduct field sobriety tests
- The breathalyzer test was not calibrated properly
- The blood or breath test results showed your BAC was below the legal limit
If the evidence supporting these defenses is strong, it can make the prosecutor doubt their ability to secure a conviction, leading them to drop or reduce the charge to reckless driving.
Getting legal advice from an attorney who understands your state’s DUI law is the best way to identify serious legal issues in your case. A DUI defense lawyer can help you pursue either plea bargaining or raising strong legal defenses to get your DUI charge dropped to reckless driving.
What is a Wet Reckless?
A “wet reckless” is an informal term used when someone pleads guilty to reckless driving as part of a plea deal that drops a DUI charge. The term “wet” indicates that the conviction originated from a DUI case. While consequences for a “wet reckless” are generally less severe than for a DUI conviction, they are often more serious than for a “dry reckless” in many states.
In several states, a wet reckless conviction can count as a priorable DUI offense. This means that if you plead guilty to a wet reckless for a first-offense DUI, any subsequent DUI charge could still be treated as a second-offense DUI.
Understanding Potential Penalties for DUI, Wet Reckless, and Reckless Driving Charges
Penalties for DUI, wet reckless charges, and reckless driving vary by state, often increasing with prior offenses. For instance, in Florida:
- First-Time DUI Conviction: Typically a first-degree misdemeanor with penalties including up to 6 months in jail, fines between $500 and $1,000, a driver’s license suspension up to 1 year, 50 hours of community service, and mandatory DUI education.
- Wet Reckless Conviction: Penalties may include up to 90 days in jail, fines up to $500, and mandatory DUI education.
- Dry Reckless Conviction: Penalties generally involve up to 90 days in jail and/or fines ranging from $25 to $500.
In many states, a wet reckless conviction can eliminate some DUI-related penalties, and a further reduction to regular reckless driving can erase DUI court actions against your driver’s license.
Navigating these charges requires the expertise of a DUI attorney from a reputable law firm to protect your rights and achieve the best possible outcome.
How Understanding DUI, Wet Reckless, and Dry Reckless Laws in California
In California, you have options to reduce a DUI charge to reckless driving through plea deals for both wet reckless and dry reckless, depending on the case. These deals can significantly lessen potential penalties, though pleading guilty forfeits your right to contest the case in court.
DUI Penalties in California
A first-time DUI offense in California, typically a misdemeanor, includes penalties such as fines ranging from $390 to $1,000, up to 6 months in jail (depending on the county), a 6-month driver’s license suspension, 3 to 5 years of probation, and DUI school lasting from 3 to 9 months.
Wet Reckless in California
Reducing a DUI charge to wet reckless involves pleading guilty to the lesser offense and signing a “Tahl” waiver, relinquishing certain constitutional rights. Penalties for a wet reckless include fines of $145 to $1,000 (plus assessments), 5 to 90 days in jail, 1 to 2 years of probation, DUI school for approximately 6 weeks, and 2 points added to your driving record. Unlike a DUI conviction, a wet reckless does not mandate an ignition interlock device or driver’s license suspension, but it remains a priorable offense for future DUI charges within 10 years.
Dry Reckless in California
Opting for a dry reckless plea deal results in penalties of up to 90 days in jail, fines up to $1,000 (plus assessments), and 1 to 5 years of probation. Unlike DUI and wet reckless convictions, dry reckless does not require DUI school or trigger a mandatory license suspension, and it cannot be used as a prior offense for subsequent DUI charges.
Navigating the complexities of DUI charges in California requires informed decisions with the guidance of a DUI lawyer. They can help you understand the differences between dry reckless, wet reckless, and DUI offenses, ensuring the best possible outcome for your case.
