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Wet Reckless and DMV


Effective January 1, 2012, new legislation made changes to the California Vehicle Code to allow a person with a prior DUI conviction, who is convicted of an alcohol related “wet reckless”, to apply for the termination of the one year suspension imposed by the DMV for a second DUI arrest. The law brings consistency and fairness in that it places defendants convicted of a wet reckless in the same position as defendants convicted of a second time DUI. The law allows the defendant to apply for a restricted driver license 90 days after the court conviction by providing the DMV with proof of installation of an ignition interlock device, proof of enrollment in an approved alcohol program and proof of financial responsibility (SR22).

Under the law prior to January 1, 2012, DUI offenders in California with a prior DUI related conviction had the option to end their one year APS suspension after 90 days by participating in the IID program. However, individuals convicted of a wet reckless with one or more prior convictions for DUI or wet reckless, did not have the same option. The change in the law is intended to correct this inequity. The new law is covered by CVC section 13353.3.

Ofcourse, if the DMV hearing is won and the one year suspension is set aside, the above change in the law is irrelevant as a wet reckless disposition on a second offense, with a DMV win would result in no suspension at all and no IID requirement.