At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 886-6333

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Law Offices of Aaron Bortel

What Is A Wet Reckless? What Are The Advantages And How Does Play Into A DUI Case?

A Wet Reckless is a reduced charge from a Standard First Regular DUI. The two charges are very similar but there are a number of differences. Both are prior-able charges, so if you got another DUI within 10 years of the arrest for your first one, even if the first one was turned into a wet reckless, the new DUI would count as a second DUI. Penalty-wise, there are major differences. One of the main differences is the maximum penalty on a DUI is six months in jail. On a wet reckless, the maximum sentence is 90 days in jail. The wet reckless probation period is almost always three years, as opposed to up to five years on a DUI. If you violate probation, you can get a hearing with the judge and that judge would make a determination on how much of the maximum jail sentence you need to serve.

A DUI fine is typically about $2,000 in Marin County. A wet reckless fine is under $1,000. A regular DUI conviction will trigger a six-month suspension with the DMV. You are going to get some type of additional suspension in criminal court. With a wet reckless, if we can win at the DMV, it equals no suspension of your driver’s license. In Marin County, typically, the prosecutor will consider a wet reckless, after negotiation, if you were at a 0.10 or lower for your breath or blood alcohol tests. Sometimes, procedure or probable cause issues help us get the prosecutor to take the case down to a wet reckless. The same issues might also work at the DMV to get the administrative per se hearing turned into a dismissal.

If we can get you a wet reckless and beat the DMV, then you don’t need to get SR22 high-risk insurance. You don’t need to pay extra money and maintain it for three years, like you would if you didn’t win at the DMV or if you got a regular DUI conviction. Other differences between a wet reckless and a DUI include fewer days on the Sherriff’s work program, if you end up on the Adult Offender Work program. This program is run through the probation office. You sign up for it, have an appointment with probation, and work out the days that you are going to work. You will have to report to the Sheriff’s room for rebooking on what they give you as a surrender date. That surrender date would be to show proof that you have done your work program. If you don’t have that proof, then you actually have to do jail time and surrender on that date.

There is also the issue of DUI School. On a wet reckless, typically what is required is a 12-hour DUI school. If we’re not going to be able to beat the DMV hearing in Marin County, then you would want to get a restricted license and need to do the 32-hour DUI school. If it were a DUI conviction, you would have six months of ignition interlock, if the alcohol level was not over a 0.20, and the 32-hour DUI school. Typically, the 32-hour DUI school costs close to $700 and the 12-hour school costs less than half of that.

The Options For DUI School During The COVID-19 Pandemic

COVID-19 has hit all of us hard. Unfortunately, many people received DUI charges before this pandemic began. One of the big questions has been how to deal with court, DUI school, and probation while socially distancing. DUI schools cannot hold classes in person right now. What the state of California has allowed is online DUI school. Anyone who has to complete DUI school can contact a DUI school that is doing Zoom classes, transfer to them, do an intake with them, and complete the schooling online. This has never been an option before and could possibly remain an option in the future.

For more information on Wet Reckless, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

For A Free Case Evaluation
Call Us 24/7: (415) 886-6333
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