THE KAVINOKY LAW FIRM

Every DUI case is different.  The facts leading up to the drunk driving arrest will be unique, as will the background, driving history, and criminal record of each DUI defendant.  As a result, the outcome in a given DUI case will depend on many factors.  Local rules and policies that are unique to a given courthouse will also come into play in the ultimate disposition of a case after a drunk driving arrest.  However, notwithstanding these variables, there are certain plea-bargain alternatives that typically arise in settling a DUI case prior to trial.

“Wet-Reckless” Plea

An alcohol-related reckless driving charge, better known by its slang name of a “wet-reckless,” is a reduction from a DUI charge.  While there are certain advantages to the wet-reckless plea, especially in those multiple-offense DUI cases where a DUI conviction would mean a DMV Mandatory Action Suspension of two years or more, a wet-reckless conviction will be treated just like a DUI conviction in two important respects.

First, it is “priorable” for future DUI arrests.  This means that if you are arrested in the future for a DUI charge, the wet-reckless conviction can be used to enhance future punishment related to that future case.  Put another way, if the current case is settled for a wet-reckless, it will be considered a DUI for future DUI arrests, to make those future DUI cases multiple-offense cases.

Next, the wet-reckless is viewed by many auto insurance companies just like a DUI.  This means that all of the insurance rate hikes that a driver would receive based on a DUI conviction will still occur with a plea to the reduced wet-reckless charge.

Even though there are these downsides to the wet-reckless plea, there are two circumstances where an opportunity to reduce the charge to a wet-reckless should not be given up without significant thought and professional advice: the multiple DUI case, and the professional license holder (or future professional license holder).

Remember, a DUI conviction triggers the California DMV to impose what is called a “Mandatory Action,” which is a suspension of your driving privileges based on the fact of the DUI conviction itself.  If you settle your DUI case for a wet-reckless, you avoid the California DMV Mandatory Action.  This can be very significant.  The Mandatory Action for a second-offense DUI conviction is a two year suspension; for a third-offense, it is three years.  A wet-reckless plea avoids that entirely.

Another benefit to the wet-reckless plea is for those who currently hold, or who hope to hold, professional licenses.  Whether you are a licensed real estate agent or broker, nurse, doctor, or any of the other licensed professionals in California, a DUI conviction can have an adverse impact on your license status.  Even though a DUI arrest may relate to purely personal and private off-hours activity, many professions consider a DUI conviction to be substantially related to the profession, and can result in the suspension of a professional license.  A wet-reckless conviction can avoid or reduce these consequences.

The charge of wet-reckless is a violation of California Vehicle Code section 23103 pursuant to section 23103.5. A typical wet-reckless plea will include being placed on probation for a period of time, paying a fine, and completing an alcohol and drug education class.  Other conditions may be imposed, such as not driving unless properly licensed and insured, not driving with any measurable amount of alcohol in your body, or not refusing a chemical test if requested by a peace officer.

“Dry” Reckless

A “dry” reckless, or a non-alcohol related reckless driving, is an improvement over the wet-reckless plea.  A “dry” reckless is a plea to a simple reckless driving, unrelated to the consumption of any mind- or mood-altering substances.  Unlike a wet-reckless, a dry-reckless is NOT priorable for purposes of future DUI arrests.  This means that if you are arrested for a DUI following your plea to a dry-reckless, that future case would not be enhanced because of the dry-reckless conviction.

All of the professional license benefits of a wet-reckless apply to the dry-reckless charge too.  A dry-reckless is viewed significantly better than a DUI offense by professional licensing agencies.  Insurance companies will also view the dry-reckless more favorably, since the charge does not involve alcohol at all.

The charge of reckless driving can be found in California Vehicle Code section 23103.  Typical consequences of a reckless driving conviction include being placed on probation for a period of time, usually a year or two, and payment of a fine.  A reckless driving conviction will add two points to your driving record, and it is a misdemeanor.

Exhibition of Speed

Exhibition of speed is a further reduction to a DUI charge.  Exhibition of speed refers to such conduct as “chirping” ones tires as they leave a parking lot.  It has no relationship to the consumption of alcohol, and therefore is not priorable for purposes of future DUI arrests or convictions.  Although it too is a misdemeanor, it is as low-grade of a misdemeanor as it gets.

One of the tricky things about Exhibition of Speed can be which of the various subsections the DUI defendant will be allowed to plead to; the impact can be important, since some of the subsections of Vehicle Code section 23109 carry one point, and others carry two points.  Many lawyers are not even aware of this!  However, the ability to avoid a point on one’s driving record can impact not only auto insurance rates, but also can avoid a negligent operator suspension from the DMV. If a driver acquires four points in a year, six points in two years, or eight points in three years, the DMV will seek to suspend the driver’s license as a negligent operator.  Obviously, any time it is possible to avoid a point on the driving record, it should be taken.

A conviction for Exhibition of Speed– a violation of Vehicle Code section 23109– typically results in a punishment that includes being placed on probation for a year or two, and a fine.

A DUI arrest does not necessarily have to result in a DUI conviction.  The different plea alternatives that are available will only be known to experienced DUI attorneys, and will only be able to be achieved by these top-quality lawyers.  If you are interested in further exploring the potential plea bargain alternatives following a DUI arrest, call on The Kavinoky Law Firm for a free consultation right away.