What is the difference between a DUI and Wet Reckless?
Driving Under the Influence (DUI) is given several different names around the country such as: Drunk Driving (the most common layman name for it), Driving While Impaired (DWI), Operating a Motor Vehicle While Impaired (OMVI), and Operating Under the Influence (OUI). However, in California there is only a single term that is used - Driving Under the Influence (DUI).
You can be convicted of a DUI anytime you are found to be impaired and driving a vehicle (which actually includes bicycles and horses). The DUI law is Vehicle Code (VC) 23152 and has subsection (a) and (b). If you are convicted under VC 23152 then you have been convicted of a DUI, not a wet reckless.
The charge of a "wet" reckless was devised as a legal fiction to give the DA something to bargain with when negotiating terms of conviction with a DUI defendant. You cannot be arrested for a "wet" reckless, rather it is simply a charge you can plead down to if the DA agrees. A "wet" reckless is born from VC 23103.5 which is a statute created specifically to allow the DA to offer a DUI defendant to plead to the lesser charge of VC 23103, or better know as reckless driving. However, a notation must be entered in the official court record that there is an alcohol enhancement with the reckless driving conviction, making it a "wet" reckless, rather then a "dry" reckless. An example of a dry reckless crime would be driving 125 MPH in a 55 MPH zone, wherein no alcohol was involved.
This leads to the simple question: if a DUI conviction is pretty much the same as a wet reckless conviction, why does it matter which one I am convicted of? Getting convicted of a wet reckless vs. a DUI can have some advantages due to the possibility of less onerous sentence requirements.
You can be convicted of a DUI anytime you are found to be impaired and driving a vehicle (which actually includes bicycles and horses). The DUI law is Vehicle Code (VC) 23152 and has subsection (a) and (b). If you are convicted under VC 23152 then you have been convicted of a DUI, not a wet reckless.
The charge of a "wet" reckless was devised as a legal fiction to give the DA something to bargain with when negotiating terms of conviction with a DUI defendant. You cannot be arrested for a "wet" reckless, rather it is simply a charge you can plead down to if the DA agrees. A "wet" reckless is born from VC 23103.5 which is a statute created specifically to allow the DA to offer a DUI defendant to plead to the lesser charge of VC 23103, or better know as reckless driving. However, a notation must be entered in the official court record that there is an alcohol enhancement with the reckless driving conviction, making it a "wet" reckless, rather then a "dry" reckless. An example of a dry reckless crime would be driving 125 MPH in a 55 MPH zone, wherein no alcohol was involved.
This leads to the simple question: if a DUI conviction is pretty much the same as a wet reckless conviction, why does it matter which one I am convicted of? Getting convicted of a wet reckless vs. a DUI can have some advantages due to the possibility of less onerous sentence requirements.
Wet Reckless & DUI Expungement
Benefits of Wet Reckless vs. DUI
- Your conviction on your criminal record will often show as only a dry reckless (VC 23103), which has much less of a stigma attached to then a DUI conviction.
- A wet reckless conviction may enable to keep certain jobs that simply forbid a DUI conviction, such as some driving jobs, forklift operator, etc.
- Some counties in California are notoriously tough on DUI offenders, requiring all DUI defendants to install an ignition interlock system as part of their punishment. Conversely, a wet reckless conviction in these counties will often relieve you of this instillation requirement.
- Your required jail time (the actual time you spend sitting in a cell) will often be greatly reduced with a wet reckless conviction vs. a DUI conviction. This can be very important, as jail time is often the most traumatic part of the entire DUI / wet reckless experience.
- Both a DUI and a wet reckless conviction carry with them mandatory alcohol classes. However, a wet reckless conviction will often require less classes, or a shorter mandatory duration.
- One of the most painful parts of a DUI or wet reckless conviction is often the mandatory fines that one must pay. These fines are often reduced in a wet reckless case.
Summary: A DUI And Wet Reckless Are Almost The Same
Although there are some benefits getting a wet reckless versus a DUI conviction, the penalties and punishment for each are essentially the same. Both are really viewed as a DUI conviction by the court, DMV and employers. Both are considered misdemeanor convictions. Both will often carry a probationary term of three years. The DMV will treat both the same, and you will likely lose your license. You often have to complete the same classes and pay the same fines. The important thing to remember is that if alcohol was involved, and you are convicted of a reckless driving under VC 23103, then you were necessarily convicted of a wet reckless driving, which will be viewed, for all intents and purposes, essentially the same as a DUI conviction.
Expunging Your DUI or Wet Reckless Conviction
The great news is whether you were convicted of a DUI or a wet reckless, both misdemeanor convictions can be expunged from you criminal record. This allows you to answer "no" on job applications if asked if you have ever had a criminal conviction, and will remove it from a majority of employer conducted criminal background checks. You can read more about removing a DUI from your record HERE.
