Can I get out of my DUI / DWI by plea bargaining for a wet reckless?

Question

Over a holiday weekend in San Francisco, I received a driving under the influence (DUI) charge for having a blood alcohol content (BAC) of .08. Do I have the option to plea bargain down to a wet reckless, or am I going to get a DUI for being a .08?

Answer

You may be in luck. California is a state that sometimes accepts wet reckless plea bargains, so you have a chance at avoiding a DUI conviction. A plea bargain of wet reckless (reckless driving involving alcohol) might be accepted by the prosecution when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. You'll probably need the help of an experienced DUI attorney to handle your case properly. Visit Nolo's Lawyer Directory for a list of DUI / DWI attorneys in California.

However, many states do not accept wet reckless pleas, and some state laws even explicitly forbid the prosecution from accepting them. For more information on the wet reckless laws in California and other states, see Nolo's DUI / DWI in Your State articles.

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