If the police arrest you for driving under the influence of alcohol or drugs (DUI), you may have the chance to get your charges reduced to a “wet reckless” charge instead of facing a DUI conviction. A wet reckless charge is a plea arrangement in which you plead guilty to reckless driving involving alcohol or drugs, avoiding a DUI conviction. There are certain benefits to this charge, including the ability to avoid a court-ordered license suspension. The California DMV will still suspend your license after your arrest, though.
A Los Angeles DUI lawyer can explain how to get your license back after a wet reckless in California. For example, you can request an administrative per se hearing with the DMV within ten days of your arrest. An attorney can prepare you for your hearing and work to get your license reinstated. They may be able to negotiate a wet reckless charge down to a dry reckless charge, preventing you from experiencing additional penalties.
Regaining Your Driver’s License After a Wet Reckless in California
If your California driver’s license was suspended or revoked following a wet reckless conviction under California Vehicle Code 23103.5, there are specific steps you must take through the California Department of Motor Vehicles (DMV) to reinstate your driving privileges. The process hinges on requesting and succeeding at an administrative hearing.
Initial DMV Review
After a wet reckless arrest, the DMV automatically conducts an administrative review examining the police officer’s sworn report and any supporting documentation like collision reports. If this review shows the license suspension/revocation lacked justification, the DMV will rescind the action and notify you.
Requesting a DMV Hearing
However, in most cases, you’ll need to request a DMV hearing within ten days of receiving the Order of Suspension/Revocation to contest the action. The DMV will conduct an administrative per se (APS) hearing over the phone unless you specifically request an in-person proceeding.
Hearing Process and Evidence
At this hearing, you can represent yourself or hire legal counsel. You can present evidence and testimony from witnesses (including the arresting officer through a subpoena). You can also argue why the suspension/revocation is unwarranted based on the facts of your case. The DMV hearing officer will consider all information before rendering a written decision.
Appeal Rights
If the DMV hearing doesn’t rule in your favor, you can request a departmental review by the DMV within 15 days by paying a $120 fee. This allows higher-level DMV administrators to re-examine your case and the hearing conclusions.
Meeting all DMV deadlines and preparing a strong defense presentation with legal guidance gives you the best chance at regaining your driving privileges after a wet reckless conviction. Los Angeles DUI lawyers can provide pivotal advocacy during this administrative process.
Interlock Devices & SR-22 Insurance After License Suspension
If the DMV decides to uphold the suspension or revocation of your driving privileges following a wet reckless conviction, getting your license reinstated comes with additional obligations.
Ignition Interlock Device Requirement
To regain restricted driving rights during the suspension period, California requires you to install an ignition interlock device (IID) in any vehicle you operate. This breathalyzer device prevents the car from starting if it detects alcohol on your breath. The IID must remain installed for a specified duration set by the DMV. A lawyer may be able to help you avoid an ignition interlock device from becoming a requirement in your case.
SR-22 High-Risk Insurance Filing
You’ll also need to provide proof of financial responsibility by obtaining a California SR-22 insurance certificate from a high-risk insurer. This certifies you carry coverage that meets the state’s minimum liability insurance requirements and serves as a monitoring system, as your insurer must notify the DMV of any lapse in coverage.
Winning DMV Hearing
On the other hand, if you successfully contest the license suspension by winning your DMV administrative hearing after a wet reckless plea, your driving privileges remain intact with no ignition interlock or SR-22 requirements imposed.
However, even with a favorable DMV ruling, the wet reckless conviction stays on your driving record. Your auto insurance rates may still increase when your policy renews based on the insurer’s risk assessment.
By understanding the potential license reinstatement obligations like IIDs and SR-22 insurance, you can properly weigh the stakes involved when deciding how to proceed after a wet reckless charge. A Los Angeles DUI attorney can provide guidance throughout this process.
Learn More About How to Get Your License Back After a Wet Reckless in California
A DUI attorney in Los Angeles can explain more about getting your license back after a wet reckless conviction. They can guide you through a hearing with the DMV and negotiate for lesser sentencing, such as a dry reckless conviction.
Call a DUI lawyer now to begin discussing your case during a free initial consultation. You can gain clarity on more than just how to get your driver’s license reinstated.
