While many people consider a DUI to be a form of reckless driving, these are two very different crimes under California law. They are also not mutually exclusive concerns for law enforcement. Taken separately, however, points to a DUI being worse for you than a reckless driving charge.
It is possible to have a DUI plead down to a reckless driving charge, but only under certain circumstances. To increase your odds of negotiating a downward charge, you should hire a DUI lawyer to represent you. You can call (310) 896-2724 to speak with one of our representatives about scheduling a free consultation with a leading DUI lawyer today.
DUI Penalties
The penalties for a DUI depend on certain factors surrounding the charge. In California, DUIs are “priorable” offenses. Any previous DUI convictions, wet reckless convictions, or out-of-state convictions of similar offenses will result in more serious penalties you face.
Additionally, aggravating factors can also enhance the type and severity of the penalties you face. Aggravating factors can include:
- Reckless driving
- Excessive speeding
- DUI with a minor passenger (13 years old or younger)
- Refusing to take a chemical test after your arrest
The least severe penalties exist for the first time, “simple” DUIs. If you face a first DUI conviction with no aggravating factors, you may be sentenced to:
- Pay upwards of $3,600 in fines and court assessment fees
- Pay for and attend three months of DUI education classes
- Spend up to six months in a county jail
- Go through three to five years of probation
- Pay for the installation and maintenance of an ignition interlock device
- Have your license suspended for six months
- Two points to your license
Again, these represent the lowest possible penalties for a DUI conviction. A DUI lawyer may be able to reduce the penalties you face, but they can still end up being substantial.
Reckless Driving
Under other circumstances, reckless driving is a misdemeanor driving offense found under California Vehicle Code Section 23103. In the context following a DUI arrest, it can refer to either a wet reckless driving charge or a dry wet reckless charge. In both cases, a reckless driving charge represents a downgraded charge from a DUI.
Wet Reckless
A wet reckless charge is a plea option under California Vehicle Code 23103.5. It applies to both suspected drunk drivers and individuals suspected of driving under the influence of other drugs. It comes with the following penalties:
- Two years of probation
- Between five and 90 days in a county jail
- Fines up to $1,000
- Two points to your license
The court may waive the jail term, depending on the specifics of your case. It may also require you to attend DUI school, though typically for a shorter period of time than a DUI.
However, as mentioned earlier, a wet reckless does come with an additional caveat. While it is not technically a DUI, it can count as one. Your insurance may treat the charge similar to a DUI conviction. Likewise, any subsequent DUI charges will see a wet reckless as a “priorable” offense and will increase the potential penalties you face.
Dry Reckless
A dry reckless simply refers to a plea deal for a DUI charge which ends up being charged under Vehicle Code Section 23103. It carries with it the penalties that any other non-alcohol related reckless driving charge comes with, including:
- $145-$1,000 in fines
- A county jail sentence between five and 90 days
- Two points to your license
A dry reckless does not carry a mandatory jail sentence either. The plea deal may call for the jail time, the fine, or both.
Unlike a wet reckless, a dry reckless conviction makes no mention of alcohol or drugs. This translates to the offense being irrelevant for a sentence enhancement for subsequent DUI charges.
However, the charge not mentioning alcohol can make it more difficult to obtain in a plea negotiation. In many cases, it may only be feasible if your blood alcohol content (BAC) was close to the legal limit or if there were irregularities with the chemical tests. As such, getting this charge usually requires having a skilled DUI lawyer negotiating on your behalf.
Getting a Better Deal Calls for the Right Lawyer
While a DUI is worse, getting a wet reckless or dry reckless requires negotiating with the prosecution. Prosecutors are very skilled at getting convictions in court, giving them little reason to offer a favorable plea deal to a defendant without counsel.
If you’d like to improve your odds of getting a better deal, connect with us online using the form on this page or by calling (310) 896-2724 to arrange your free case evaluation.