Contra Costa County DUI Attorney

Wet Reckless

One of the main inquiries from clients arrested for a DUI is regarding a “Wet Reckless.” The following is an attempt to answer all questions related to this issue:

  • What is a “Wet Reckless”:  It is basically a reduced charge when you are originally charged with a DUI. The prosecutor will reduce the charge to a Vehicle Code 23103, which is reckless driving. However, it is a reckless driving related to Vehicle Code 23103.5, which means it is related to alcohol use or drug use. The Prosecutor is required to give a statement on the record as to whether there was alcohol or drug use involved in the case. In other words, a “Wet Reckless” is a reckless driving charge, that is related to either alcohol or drug use. Your criminal record will reflect a Vehicle Code 23103, reckless driving.
  • What is the difference between a “Wet Reckless” and a DUI? There are several differences:
    1. A “wet reckless” does not trigger a mandatory driver’s license suspension from the California DMV. A DUI does trigger a mandatory suspension. However, even if you obtain a “Wet Reckless” in court, if you lose the DMV Hearing, you will lose your drivers license just the same.
    2. The maximum sentence on “Wet Reckless” is 90 days, whereas a First Offense DUI Maximum sentence is 6 months. The penalties in general are normally less for a “Wet Reckless.”
    3. A “Wet Reckless” can potentially be easier to have expunged from your criminal record down the road.
    4. In the context of immigration issues, a “Wet Reckless” can be drastically different than a DUI. For example, a DUI can potentially lead to ineligibility from DACA, but a “Wet Reckless” would not.
    5. Certain sentencing enhancements for multiple offenders may not apply when one of the priors is “Wet Reckless,” as opposed to a DUI. This is a consistent theme with the difference between a DUI and a “Wet Reckless”: many times the consequences of having a “Wet Reckless” and not a DUI do not become apparent until the individual gets in trouble again.
    6. Canada – it can be easier to enter Canada is you have a “Wet Reckless” on your record as opposed to a DUI.
  • What about the similarities? How are the two charges similar:
    1. They both can count as a prior conviction;
    2. They both are two-point offenses for your driving record;
    3. A “wet reckless” is also a misdemeanor. A DUI is always either a misdemeanor or a felony, depending on whether there was an injury or how many priors are involved. A first, second or third offense DUI with no injury involved is always a misdemeanor as well.
    4. They both can lead to a driver’s license suspension. As discussed above, a DUI will result in an automatic suspension, but even with the “wet reckless,” if the you lose the DMV hearing, you will suffer a suspension as well.
    5. They both can come with DUI classes.
    6. They both can come with informal probation.
  • The reality is that a “wet reckless,” is not an awesome reduction that keeps your criminal record clean, many times it is just the only reduction available in the case, and people would prefer that charge on their criminal record, as opposed to a DUI.

Contra Costa County DUI Attorney Michael Rehm provides representation on all DUI and Wet Reckless matters in Walnut Creek, Richmond, Antioch, Concord, Martinez and all California. He can be reached at (916) 233-7346.

Vehicle Code 23103.5

(a) If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.

(b) The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).

(c) If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor’s statement under subdivision (a) states that there was consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections.

(d) The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622.

(e) Except as provided in paragraph (1) of subdivision (f), if the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.

(f) (1) If the court places on probation a defendant convicted of a violation of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, and that offense occurred within 10 years of a separate conviction of a violation of Section 23103, as specified in this section, or within 10 years of a conviction of a violation of Section 23152 or 23153, the court shall order the defendant to participate for nine months or longer, as ordered by the court, in a program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.

(2) The court shall revoke the person’s probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in paragraph (1).

(g) Commencing January 1, 2019, the court may require a person convicted on or after January 1, 2019, of a violation of Section 23103, as described in this section, to install a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period of at least three months, but no longer than the term specified in Section 23575.3 that would have applied to the defendant had he or she instead been convicted of a violation of Section 23152, from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles. A person who is required to install a functioning, certified ignition interlock device pursuant to this subdivision shall submit the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386 and maintain the ignition interlock device as required under subdivision (f) of Section 23575.3. The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to this subdivision.

(h) The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the programs described in subdivisions (e) and (g) as to treating persons convicted of violating Section 23103.

(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.

(Amended by Stats. 2016, Ch. 783, Sec. 24. (SB 1046) Effective January 1, 2017. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 25 of Stats. 2016, Ch. 783.)

 

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