Plea Bargains in Los Angeles DUI Cases
If you have been arrested for driving under the influence in Los Angeles, and your attorney believes that a case dismissal is unlikely, they may be able to have you plead "wet reckless" which is a charge reduction for DUI. By pleading wet reckless, you essentially are saying that you are guilty of reckless driving involving alcohol.
Can a wet reckless plea apply for drugged driving?
Judges may accept wet reckless as a plea for DUI of drugs or " drugged driving" offenses. The "wet" in wet reckless does not always have to mean alcohol. Pleading wet reckless simply means you want a reduction of your charges – typically, the charge you are pleading to get reduced is California Vehicle Code § 23103.
Why plead wet reckless?
There are still criminal penalties for wet reckless, but the major advantage is that it is not treated as a literal DUI. This means that the wet reckless charge does not factor into sentencing enhancements for multiple DUIs within 10 years. For example, if you were convicted of wet reckless and then five years later were convicted of DUI, you would receive the sentence of a first-time DUI offender, not the enhancement of a repeat DUI offender.
Another benefit to pleading wet reckless is that the maximum jail sentence is not as severe. With DUI, you could be sentenced up to six months in jail for a first offense. With wet reckless, at most, you would have to serve 90 days in jail. In many cases, however, probation is negotiated in lieu of a jail sentence.
Wet Reckless and License Suspension
With a DUI, you face administrative per se (APS) license suspension unless you are successful at a DMV hearing. With wet reckless, your license is not automatically suspended. However, California does have a driver's license point system. If you accrue enough points, your license could be suspended. Accruing four points in a years' time can warrant six months of license suspension. Your license can also be suspended for accruing:
- Six points in 24 months
- Eight points in 36 months
If you were arrested for drunk driving, secure defense by calling a Los Angeles DUI attorney at our firm. Gold & Witham has more than 40 years of experience and can walk you through your case.
Call today for a free DUI consultation.