People often ask if a wet reckless is better than a DUI. In this video, Sacramento DUI Attorney Joshua Kaizuka explains what the difference between the two is. To learn more, visit http://www.kaizukalaw.com/duipenalti...

Transcript

I get asked a lot of questions about, “Hey, can I get a wet reckless?” A lot of people look at that as something that’s a lesser charge than what a DUI is. Let’s talk about what the differences are if any.

DUI charges are under vehicle code section 23152. There’s a bunch of different subsections depending on whether it’s alcohol, if it’s impairment by drugs, combination or whatever. On a first offense a DUI maximum punishment is up to six months in County Jail and a $1,000 fine and or both that’s under the statute.

Then we hear about wet recklesses. Well, what is a wet reckless? First of all you can’t be charged in a complaint with a wet reckless because there is no actual charge or crime called a wet reckless. A wet reckless is under vehicle code section 23103 and 23103.5. We know in the defense bar that or actually criminal lawyers know that it’s actually a fiction under the statute.

Basically, what it is is it’s a statute that allows for a compromise on a DUI where maybe there some issues. Whether it’s evidence or maybe the level of alcohol is not that high. Maybe that person has no criminal record. It’s a way to compromise and negotiate the DUI. The maximum penalty on a first time wet reckless is up to 90 days in County Jail, $1,000 and or both.

Let’s talk about the similarities and what it really means. A wet reckless is still an alcohol related DUI. As far as DMV points you’re going to get two whether it’s a DUI or a wet reckless and you’ll get probation on both. In most circumstance even with a wet reckless you’re going to have to do some DUI class. If it’s first time DUI then you have to do at least a threemonth course. If you have a blood alcohol level that’s really high it could be six months or nine months depending on the county. Typically, on a wet reckless it’s a 12hour class that’s required by court. However, if you have your license administratively suspended by DMV it could be three months.

Now, the difference is that with a wet reckless like I said before the maximum punishment is less it’s only 90 days not six months. Typically, the fines are less meaning it’s probably about half. In Sacramento on a first time DUI it’s about 2,600 bucks. On a wet reckless it’s probably closer to $1,600. The fines are less and really that’s the main difference.

Of course, if you’re looking for a job and you have to disclose what it is you got a conviction for a wet reckless sounds better than a DUI but really it’s the same thing. Other than maybe no jail time on a wet reckless versus two days or maybe a little bit more. You still have probation. You still have to typically do a DUI class although there’s an exception we can talk about that in a different segment. It’s kind of the same it just sounds better and a few less consequences.

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Law Office of Joshua Kaizuka
2530 J St #320
Sacramento, CA 95816
(916) 7060678
http://www.kaizukalaw.com/