Getting charged with driving under the influence (DUI) can lead to severe consequences if convicted. An experienced DUI lawyer can explain how to get your DUI reduced. A reduced charge of wet reckless carries fewer penalties and could help you avoid a suspended license.
Hire a DUI Lawyer
If you want to get your DUI charge reduced to a wet reckless, you need to hire a DUI lawyer who can negotiate with the prosecution on your behalf. At Kolacia Law, our team understands the inner workings of the criminal justice system and how to help you navigate the process.
California DUI Arrest Rate
The California Department of Motor Vehicles releases an annual report of the California DUI management information system. The 2025 report examines DUI arrest rates from 2011 to 2021. The DUI arrest rate in 2021 was 401 per 100,000 licensed drivers. In addition, there were:
- 105,173 misdemeanor DUI arrests
- 4,844 felony DUI arrests
- 1,344 alcohol involved crash fatalities
- 28,582 alcohol involved crash injuries
Wet Reckless Charges
If you are pulled over for a suspected DUI, you cannot be charged at the scene with a wet reckless. Instead, prosecutors use the wet reckless charge as a bargaining tool when reaching a plea agreement.
Under California Vehicle Code 23103 and Vehicle Code 23103.5, a wet reckless is a reckless driving charge involving alcohol or drugs. Specifically noting the presence of alcohol or drugs allows the court to use a wet reckless as a prior offense if a second charge is filed.
When facing a DUI charge, having a skilled DUI attorney can increase your chances of successfully negotiating for the reduced wet reckless charge if your case meets the eligibility criteria.
Eligibility
Not every first-time DUI charge is eligible for reduction to a wet reckless. Even if you are eligible for the wet reckless reduction, the prosecution has the discretion to offer this deal. Eligibility criteria include:
- Your blood alcohol level was at or close to 0.08%
- No prior DUI charge on your record
- Fully cooperating with law enforcement
- The events leading to the arrest did not involve any injuries or property damage
- There are legal challenges or weak evidence that could affect the case
Process for Getting a DUI Charge Reduced
A skilled DUI attorney can present an argument for allowing the wet reckless charge if any of the eligibility criteria are met. Understanding how prosecutors handle DUI cases can give a DUI defense attorney the upper hand during negotiations and plea bargaining.
Negotiations can begin early in the DUI court process, but are most often done during the pre-trial phase. A wet reckless is more likely to be offered when:
- There is a lack of evidence
- The available evidence is inconsistent
- There were legal or procedural issues with the arrest
- There are mitigating factors
Benefits of a Wet Reckless Conviction Over a DUI Conviction
A wet reckless conviction can result in harsh penalties that could affect your personal and professional life for many years. However, there are many benefits to accepting a wet reckless conviction over a DUI conviction. Key benefits include:
- Shorter jail time, in many cases, the only jail time served is immediately after the arrest
- Less probation time, and the probation is often informal without weekly probation check-ins
- A shorter alcohol education program
- The court does not automatically suspend your license
- Lower fines and fewer court costs
When you plead to a wet reckless instead of a DUI charge, there are many benefits, but there can still be additional consequences with the Department of Motor Vehicles. A DUI attorney can help you understand how a wet reckless charge can affect your driving record.
FAQs
Q: Can a DUI Be Reduced to a Wet Reckless in California?
A: Yes, a DUI can be reduced to a wet reckless in California, but it is still considered a prior offense, which means any subsequent charge could include increased penalties. Your driving record also considers a wet reckless a serious driving offense.
A reduced charge to a wet reckless can be a favorable outcome compared to a DUI. A wet reckless has fewer penalties and does not automatically result in a license suspension.
Q: How Long Does a Wet Reckless Remain on Your Driving Record in California?
A: In California, a wet reckless remains on your driving record for 10 years. During this period, it is considered a prior offense, which can result in harsher penalties if you are convicted of a second DUI offense.
If you have the charge expunged from your criminal record, it does not remove the charge from your driving record. Insurance companies can still see the conviction and often increase rates during the first three to five years after the conviction.
Q: How Can You Get a Wet Reckless Expunged in California?
A: In California, there are steps you can take to get a wet reckless expunged from your criminal record. Once you have completed the terms of your conviction, you can petition the court where you were originally sentenced.
This process is not automatic. You have to file the petition and pay any associated fees. If the court rules in your favor, the wet reckless is removed from your criminal record. However, this does not remove the charge from your driving record.
Q: Is a Wet Reckless Better Than a DUI Charge?
A: Yes, a wet reckless charge can be considered better than a DUI charge for several reasons. A wet reckless carries lighter penalties than a traditional DUI charge. Fines and fees are lower, and you are more likely to avoid mandatory license suspension.
There may still be required jail time, but it is generally shorter than with a DUI conviction. You can also avoid using an ignition interlock device and the fees associated with its installation and maintenance.
Contact Kolacia Law Firm
Located in Rancho Cucamonga, our team has handled DUI cases throughout San Bernardino, Riverside, and Orange Counties. Attorney Kolacia has over 15 years of experience getting favorable results for his clients.
As a former prosecutor, Attorney Kolacia understands the methods prosecutors use to get DUI convictions and can effectively counter their strategies. With flexible payment plans, your case is in good hands. Contact Kolacia Law Firm today to schedule your initial consultation.
