Being arrested for a California DUI doesn’t necessarily mean a conviction of that charge, because under certain circumstances, it might be possible to negotiate a “wet reckless” instead. The term wet reckless derives from Vehicle Code Section 23103.5, which provides for a conviction of reckless driving involving alcohol. Though the primary goal of a skilled DUI attorney is obviously to have your charges dismissed, a plea bargain of “wet reckless,” if accepted by the prosecution, would be a favorable option.
In some cases, the prosecutor may determine that the DUI charge against you has some weaknesses. An example of a weak case might be indicated by a breath test or blood test resulted in a BAC close to 0.08, if the driving and Field Sobriety Tests were marginal, and the defendant had no prior record. In such instances, the prosecutor might offer the option to plea bargain for a wet reckless. Successful efforts to bargain for a wet reckless means a reduced charge with a reduced sentence.