How Does a “Wet Reckless” Differ From a DUI Charge?

Most DUI cases are resolved through plea bargaining. In other words, the defendant and prosecution reach an agreement whereby the defendant ends up pleading guilty or no contest to some criminal charge.

When a plea bargain in a DUI case involves a defendant pleading to a reckless driving charge, it's sometimes called a "wet reckless." This article explains how a wet reckless differs from a DUI charge, including the differences in penalties.

A "Wet Reckless" is a Reckless Driving Charge Involving Alcohol (or Drugs)

DUI plea bargaining usually involves haggling over penalties. In other words, the defendant agrees to plead guilty or no contest to a DUI charge in exchange for leniency with the penalties. The laws of all states specify ranges of penalties for DUI convictions. For instance, a first DUI in a certain jurisdiction might carry up to a year in jail and a maximum of $1,000 in fines. So, a plea bargain for a first DUI in that jurisdiction might involve the defendant agreeing to plead guilty on the condition that the court impose only a $500 fine and one day in jail.

A wet reckless plea bargain, on the other hand, involves the prosecution dismissing the DUI charge in exchange for the defendant pleading guilty to a reckless driving charge. The term wet part of wet reckless is a reference to alcohol. However, a wet reckless plea bargain could also happen in a case involving marijuana or some other drug.

As we'll discuss below, a wet reckless plea bargain is usually a best-case scenario for a defendant facing a DUI charge.

State Wet Reckless Laws—Two Types of Reckless Driving

In most states, it's possible to plea bargain in a DUI case for a reckless driving charge. However, the reckless driving statutes in the majority of states don't say anything about alcohol or drugs. State reckless driving laws usually say something like, "Any person who drives any motor vehicle in such a manner as to indicate a willful disregard for the safety of persons or property shall be guilty of willful reckless driving."

But a few states—like California—have reckless driving laws that specifically apply to offenses involving drugs or alcohol. So, these states have two types of reckless driving: normal reckless driving (sometimes called "dry reckless") and reckless driving involving alcohol or drugs. In states with these two varieties of reckless driving, the penalties for a wet reckless are usually different than those that apply to standard reckless driving convictions (discussed below).

Advantages of a Wet Reckless Charge in a DUI Case

Below, we get into the details of how the penalties for wet reckless and DUI charges differ. But more generally, the penalties for a wet reckless are less severe than those you'll face for a DUI conviction. Fines might be lower, there's often less jail time involved, and the license-related consequences (such as suspension) are typically less burdensome.

Plea Bargaining for a Wet Reckless Isn't Always an Option in a DUI Case

Defendants who are facing DUI charges are generally looking to minimize the penalties through plea bargaining. However, the availability of a wet reckless plea deal depends on state law and the facts of the case.

Some States Don't Allow Plea Bargaining in DUI Cases

The laws of many states—including New York and New Jersey—specifically prohibit plea bargaining in DUI cases. In these states, it typically isn't possible to reduce a DUI charge to a lesser offense like reckless driving.

Factors that Affect the Likelihood of a Wet Reckless Plea Deal

In states that do allow plea bargaining in DUI cases, the circumstances of each case dictate whether a wet reckless plea deal is possible. Generally, a wet reckless is considered a good deal for a defendant who's charged with driving under the influence. So, cases that involve significant mitigating factors—like a low blood alcohol concentration and a defendant with no criminal record—are the most likely candidates for a wet reckless resolution.

In cases with aggravating factors, such as injuries or prior DUI convictions, prosecutors normally won't agree to reduce a DUI charge to a wet reckless.

Wet Reckless and DUI Penalties Compared

A wet reckless is generally a good plea deal in a DUI case because the consequences are less severe than the penalties for a DUI conviction. Below, we explain the differences and similarities between the penalties for DUIs and reckless offenses.

DUI and Reckless Driving Offense Classifications

Typically, both DUI and reckless driving charges are misdemeanors. (Though aggravating factors could elevate either charge to a felony.) So, both types of charges will generally lead to a conviction that shows up on your criminal record. However, depending on the situation, someone reviewing your criminal record (a potential employer, for instance) might have fewer concerns about a reckless driving conviction than they would with a DUI charge.

Fines and Jail Time for Reckless Driving and DUI Convictions

As with all misdemeanor charges, DUI and reckless driving convictions typically carry fines and potential jail time. In many states, the penalty ranges for a first DUI are more serious than those for a reckless driving conviction.

For instance, a first DUI in California carries $390 to $1,000 in fines and up to six months in jail, whereas a reckless driving conviction results in $145 to $1,000 in fines and up to 90 days behind bars.

License Suspension for Reckless Driving and DUI Charges

For DUI convictions, license suspension is almost always mandatory, even for a first conviction. However, license suspension generally is possible, but not required, for a reckless driving conviction. In other words, judges get to decide whether license suspension is appropriate for a reckless driving conviction, it's typically not a statutory requirement.