DUI Penalties
Wet Reckless in California — Getting a DUI Reduced to Reckless Driving
A 'wet reckless' is a plea bargain that reduces a DUI charge to reckless driving with alcohol involved. It carries lower penalties than a DUI conviction — but still counts as a prior if you are arrested for DUI again. Learn when a wet reckless is possible and what it means for your record.
By Michael P. Kade — Former LAPD Officer & Criminal Defense Attorney · Updated
Educational purposes only — not legal advice. This article provides general information about California DUI law and does not create an attorney-client relationship. Consult a licensed attorney for advice specific to your situation.
Key Takeaways
- —A wet reckless is a conviction for reckless driving with alcohol under VC § 23103.5
- —It carries lower fines, shorter probation, and no mandatory license suspension
- —A wet reckless counts as a prior DUI conviction if you are arrested for DUI within 10 years
- —Prosecutors are more likely to offer a wet reckless when the BAC was borderline or the evidence is weak
- —A wet reckless does not automatically result in a DMV license suspension — but the APS suspension still applies
A 'wet reckless' — formally a conviction for reckless driving with alcohol involved under California Vehicle Code § 23103.5 — is one of the most common outcomes in DUI cases where the evidence of impairment is not overwhelming. It is a negotiated plea bargain, not a charge the prosecution files on its own. Understanding when a wet reckless is available, what it means for your record, and what it does not protect you from is essential to making an informed decision about your case.
What Is a Wet Reckless?
A wet reckless is a conviction under Vehicle Code § 23103 (reckless driving) with a notation under § 23103.5 that alcohol was involved. It is a misdemeanor, like a standard DUI, but it carries significantly lower penalties: a fine of $145 to $1,000 (before penalty assessments); probation of 1 to 2 years; a DUI education program of 12 hours (rather than 3 months); and no mandatory license suspension by the court. The DMV APS suspension from the arrest still applies independently.
When Will a Prosecutor Offer a Wet Reckless?
Prosecutors are most likely to offer a wet reckless when: the BAC was close to the 0.08% legal limit; there are problems with the chemical test results; the traffic stop may have been unlawful; the field sobriety test evidence is weak; or the defendant has no prior record and presents well. A wet reckless is rarely offered when the BAC was significantly above 0.08%, when there was an accident, or when the defendant has prior DUI convictions. The strength of your attorney's case directly affects the prosecution's willingness to negotiate.
The Wet Reckless as a Prior Conviction
The most important limitation of a wet reckless is that it counts as a prior DUI conviction under Vehicle Code § 23103.5 if you are arrested for DUI within 10 years. This means that a second DUI arrest within 10 years of a wet reckless conviction will be treated as a second-offense DUI — with mandatory jail time, an 18-month DUI school, and a 2-year license suspension. The wet reckless does not give you a clean slate for future DUI purposes.
Insurance Consequences
A wet reckless conviction will typically result in an increase in your auto insurance premiums, though the increase is generally less severe than for a DUI conviction. Some insurance companies treat a wet reckless as a major violation and may cancel your policy. You should consult with your insurance agent about the impact of a wet reckless conviction on your coverage before accepting a plea.
Penalties at a Glance
| Offense / Situation | Potential Penalty |
|---|---|
| Wet reckless — fines | $145–$1,000 + penalty assessments |
| Wet reckless — probation | 1–2 years |
| Wet reckless — DUI school | 12 hours (vs. 3 months for DUI) |
| Wet reckless — license | No court suspension; DMV APS suspension still applies |
| Wet reckless as prior | Counts as prior DUI within 10 years |
Penalties shown are general ranges. Actual sentences depend on the specific facts of your case.
How Attorney Kade Defends These Cases
- —Build a strong defense on the chemical test results to give the prosecutor a reason to offer a wet reckless
- —Challenge the traffic stop to create leverage in plea negotiations
- —Present the defendant's background, employment, and lack of prior record to the prosecutor
- —Negotiate to have the § 23103.5 notation omitted if possible — though this is rare
- —Advise the client on the 10-year prior conviction consequence before accepting the plea
- —Ensure the client understands the DMV APS suspension still applies independently
- —Explore diversion or deferred entry of judgment as an alternative to a wet reckless plea
Frequently Asked Questions
While you are not legally required to have an attorney, a DUI conviction carries serious consequences — fines, license suspension, possible jail time, and a permanent criminal record. An experienced DUI attorney can challenge the evidence, negotiate with prosecutors, fight your DMV hearing, and potentially get charges reduced or dismissed. The cost of an attorney is almost always less than the long-term cost of a DUI conviction.
A California DUI case typically takes 3 to 12 months to resolve, depending on the county, the complexity of the case, and whether it goes to trial. Misdemeanor DUI cases in Los Angeles County often take 4 to 8 months. Felony DUI cases take longer. Your attorney can give you a more specific estimate based on the facts of your case and the court's current caseload.
After a DUI arrest: (1) Do not make any statements to police beyond identifying yourself. (2) Contact a DUI attorney as soon as possible — ideally within 24 hours. (3) Call the DMV Driver Safety Office within 10 days to request an APS hearing or your license will be automatically suspended. (4) Write down everything you remember about the stop, the tests, and the arrest while it is fresh.