California Vehicle Code 23103.5 is better known as “wet” reckless driving. The prosecution uses CA Vehicle Code 23103.5 – Wet Reckless Driving charges for plea bargains, not as a stand-alone criminal charge.
When this happens, the plea bargain must clearly state whether alcohol (or a drug) was involved, and this will change how the courts handle the charge. Drivers who accept this plea bargain will still face legal penalties, but they can reduce the severity of their charges.
You can learn more with a Los Angeles DUI lawyer.
Definition of a Wet Reckless Charge
Drivers may face charges under Cal. Veh. Code § 23103.5 after an arrest for driving under the influence (DUI) if they accept a plea bargain. This charge can apply to any driver arrested for driving recklessly while influenced by alcohol or drugs.
Drivers may operate a vehicle recklessly if they swerve between lanes, exceed the speed limit, or exceed other rules of the road and demonstrate a disregard for safety.
Consequences of a Wet Reckless Plea Deal
If you accept a wet reckless charge as part of a plea deal, you will face several penalties. These penalties include:
- Five days to three months in jail
- A fine of up to $1,000
- Probation for up to two years
- Mandatory DUI school (although the court can waive this in some cases)
- Two points on your driver’s license
Additionally, your CA Vehicle Code 23103.5 – Wet Reckless Driving conviction will count as a “prior DUI” if you get convicted of a DUI charge in the next 10 years.
In other words, if you get a DUI within 10 years of your wet reckless conviction, both the courts and the DMV will treat it as your second DUI.
Is a Wet Reckless Conviction Better Than a DUI?
Despite the penalties listed above, it’s far better to be convicted of wet reckless driving than DUI because the court considers VC 23103.5 a lesser charge. By accepting a wet reckless charge, you can:
Avoid a License Suspension
Many DUI convictions require a mandatory license suspension and the installation of an ignition interlock device (IID) on your vehicle. Reckless driving does not, so it allows you to protect your driving privileges.
Reduce Your Jail Time
Even a first-time DUI can result in up to six months in jail. A wet reckless charge requires half that amount of time in a county jail.
Reduce Your Time on Probation
DUI probation lasts three to five years, up to five times longer than probation for reckless driving. Therefore, a defense attorney may recommend that you take this plea deal.
Reduce Your Fines
The minimum fine for a DUI is almost three times that of reckless driving. And even if the court issues the maximum fine, it’s far more expensive in a DUI case because of the special fees added by the court.
Potentially Avoid DUI School
The “education program” required for a DUI lasts anywhere from 3 months to 30 months. In a reckless driving case, you may only have to attend for six weeks. The court may waive the requirement, making this an attractive plea bargain option.
An attorney can tell you more about the difference between a DUI and a wet reckless charge.
Are There Reasons Not to Take a Wet Reckless Deal?
Criminal defense attorneys sometimes advise their clients against taking a CA Vehicle Code 23103.5 – Wet Reckless Driving plea deal, even though these deals provide lesser penalties. For example, this deal still counts as a priorable offense.
Therefore, this charge still counts against you if you face a subsequent DUI arrest. Your lawyer may decide to push for a different plea bargain agreement. In some cases, lawyers may work with the prosecution for a CA Vehicle Code § 23103 Reckless Driving deal.
A VC 23103 deal comes with fines and mandatory jail time but does not count as priorable. Your attorney may also:
Get Your Charges Dismissed
Instead of taking a plea deal, your criminal defense lawyer may get the court to dismiss your DUI charges. The court may dismiss your charges if the police stopped you without cause or if the prosecution lacks sufficient evidence that you committed a crime.
Defend You in Court
Your attorney may develop a defense strategy and help you in court. You will avoid all legal penalties if your lawyer brings you a not-guilty verdict.
It’s essential to contact a law firm for help immediately after a drunk driving arrest so you can learn more about common defenses and your options for resolving these charges.
Learn More About California VC 23103.5 Today
If the police arrest you and charge you with a DUI, a lawyer may help you bargain it down to a CA Vehicle Code 23103.5 – Wet Reckless Driving charge or potentially win your case altogether.
Find out how to get the legal representation you need by calling or completing our online contact form.
