Fresno DUI attorney asks: Can you get a "wet reckless" plea deal?

In December 2014, news emerged about a California state senator arrested for DUI. His arrest came after police apparently spotted him driving the wrong way on the road.


Did his case go to trial? Did a jury decide whether he was innocent or guilty?


As it turned out, the state senator pleaded no contest to a charge of "wet reckless," a plea deal that typically results in less severe penalties than a charge of DUI.


As a result of pleading wet reckless, the court gave him probation lasting three years, but no prison time. The judge also ordered him to pay fines and to take an alcohol education class.


Is pleading to wet reckless suitable for you?


For some people, accepting a plea for a lesser charge is advantageous, particularly if the evidence against them would give them few opportunities to mount a strong defense in a court trial. If your case is reduced to a lesser charge, such wet reckless driving, you may be able to avoid jail and pay a smaller fine amount.


However, it's important to recognize that it's ultimately up to the prosecutor to decide whether you can make this plea deal. Prosecutors typically won't accept this plea for more serious DUI cases, such as those involving a past history of DUI arrests, a relatively high blood alcohol content, or a destructive accident. You would generally need to qualify as a first-time offender and not have committed any egregious actions during your DUI incident.


Be sure to enlist the services of a DUI attorney when considering this plea deal. Your attorney may be able to help improve the chance that the prosecutors will accept your plea and on terms that are more favorable to you. Whatever you decide to do, whether to plea down or go to trial, your attorney will advise you and serve as your legal advocate. Don't hesitate to contact us for assistance.