The 2 best ways to get a DUI dropped to reckless driving

The most common way to get a charge of driving under the influence (DUI) dropped to a charge for reckless driving is through a plea deal. However, raising strong legal defenses against the DUI charge can also persuade prosecutors to reduce the charges. In either case, hiring a DUI defense lawyer is the best way to get these serious charges reduced.

How can I get a DUI charge dropped to a reckless driving charge?

The two most common ways to get a DUI dropped to reckless driving are to:

1. work out a plea bargain, or
2. present strong legal defenses to your DUI accusation.

These strategies are interrelated. Generally, presenting a strong legal defense to the DUI can convince the prosecutor to offer a more generous plea deal, including one that involves a guilty plea to reckless driving.

A DUI defense attorney can help you pursue either option.

1. Plea bargain

In some cases, you can get a DUI charge reduced to reckless driving by pleading guilty to reckless driving and waiving your right to a trial. In exchange, the prosecutor drops the DUI allegation.

This type of plea deal is known as charge bargaining. Both law enforcement and the court system use charge bargaining to save their resources by expediting the criminal justice process. Many defendants use charge bargaining to avoid the potential for a serious criminal conviction, like DUI. Rather than taking the risk of a severe conviction, you accept a lesser conviction instead.

If you are facing a DUI charge, you are more likely to get it reduced to one for reckless driving if you:

• have not been convicted for DUI in the past,
• have a clean, or nearly clean, criminal background,
• had a low blood alcohol content (BAC) level at the time of the arrest,
• did not cause an accident, and
• were over the age of 21.

Any plea deal would come through the plea bargaining process. This is a negotiation between the prosecutor and you, typically through your criminal defense attorney. Plea deals can be struck at any time, from before the arraignment, right up to trial.

Any plea agreement that is reached has to be approved by the judge.

Sometimes, accepting a plea deal that drops the DUI charge to one for reckless driving is a good idea. In other cases, it is not. If you have strong legal defenses to the DUI and stand a good chance at an acquittal, pleading guilty to reckless driving might not be a good move.

A criminal defense lawyer can help you make this decision.

2. Raise strong legal defenses

A similar strategy to get a DUI charge reduced to reckless driving is to raise strong legal defenses to the accusation of drunk driving. By presenting evidence that shows how hard it would be to secure a DUI conviction, you can convince prosecutors to reduce the charge.

Some common legal defenses used for this purpose include:

• the traffic stop was unlawful or was not supported by probable cause,
• the police officer did not properly conduct the field sobriety tests,
• the breathalyzer test was not calibrated properly, and
• the blood test or breath test results showed that your BAC was below the legal limit.

If the evidence to support one of these defenses is strong, it can make the prosecutor doubt their ability to secure a conviction. Rather than continuing to pursue your DUI charge, they may drop or reduce it to a charge for reckless driving.

Getting the legal advice of an attorney who understands your state’s DUI law is the best way to know if there are serious legal issues in the case against you.

What is a wet reckless?

A “wet reckless” is an informal name for pleading guilty to reckless driving as a part of a plea deal that drops the DUI charge. The “wet” aspect refers to the fact that the conviction stemmed from a DUI case. In many states, the repercussions of a “wet reckless” are more severe than a “dry reckless.” However, they are still less severe than for a DUI conviction.

In many states, wet reckless convictions can be used as priorable DUI offenses. This means that, if you are charged with a first-offense DUI and plead guilty to a wet reckless, a subsequent DUI charge would still be filed as a second-offense DUI.

What are the potential penalties?

Different states have different penalties for DUI, wet reckless charges, and for reckless driving. Additionally, DUIs are priorable offenses – the penalties for a conviction increase if you have prior offenses in your criminal history.

An example of the differing penalties for these three types of convictions is in Florida.

There, a first-time DUI conviction is generally a first-degree misdemeanor.¹ A conviction carries:

• up to 6 months of jail time,
• between $500 and $1,000 in fines,
• a driver’s license suspension of up to 1 year,
• 50 hours of community service, and
• a mandatory DUI education program.

A wet reckless conviction, however, carries the following penalties:

• up to 90 days in jail,
• fines of up to $500, and
• a mandatory DUI education program.

The penalties for a basic, dry reckless conviction are:

• up to 90 days in jail, and/or
• a fine of between $25 and $500.²

Many other states are like Florida. The court actions against your driver’s license disappear if the charge is reduced from a DUI to a wet reckless. The DUI-related penalties disappear if the charge is further reduced to a regular reckless driving offense.

Establishing an attorney-client relationship with a DUI attorney from a reputable law firm is the best way to handle these criminal charges.

What is the law in California?

In California, you can get your DUI case dropped to reckless driving. Plea deals for both wet reckless and dry reckless are possible, depending on the case. These deals can substantially reduce the potential penalties for a conviction. However, pleading guilty takes away your right to challenge the case in court.

In California, a first-time DUI offense is usually a misdemeanor.³ Penalties include:

• fines of between $390 and $1,000, plus assessments,
• up to 6 months in jail, depending on the county,
• a 6-month driver’s license suspension,
• between 3 and 5 years of probation, and
• DUI school of between 3 months and 9 months.

Reducing the charge to a wet reckless in California involves:

• pleading guilty to the lesser offense, and
• signing a “Tahl” waiver and giving up certain constitutional rights.

The penalties that come with a wet reckless plea deal include:

• fines of between $145 and $1,000, plus assessments,
• between 5 and 90 days in jail,
• 1 to 2 years of probation,
• DUI school of around 6 weeks, and
• 2 points added to your driving record.⁴

Unlike for a DUI conviction, the penalties do not include:

• mandatory installation of an ignition interlock device (IID),
• mandatory driver’s license suspension, and
• a DUI offense on your criminal background.

However, the conviction does put a reckless driving conviction on your criminal record. This entry will include a note that the offense involved alcohol or drugs.⁵ That note will be used to make the wet reckless a priorable offense, if you get charged with DUI within the next 10 years.⁶

In some cases, California car insurance companies still see a wet reckless and treat it as a DUI. This can lead to an increase in insurance premiums. You may even find that you will be dropped by your auto insurance company, entirely.

Additionally, if you plead guilty to a wet reckless, you will still have to contend with the original DUI charge’s “administrative per se” hearing at the Department of Motor Vehicles (DMV). This can lead to an administrative license suspension.

Getting a DUI case dropped to a dry reckless is often the best outcome. The penalties for a dry reckless include:

• up to 90 days in jail,
• fines of up to $1,000, plus assessments, and
• 1 to 5 years of probation.⁷

Dry reckless convictions do not come with:

• DUI school, or
• a mandatory license suspension.

They also cannot be used as a prior offense for a subsequent DUI charge.

A DUI lawyer can help you make informed decisions about how to proceed after a DUI arrest. The following chart compares the California crimes of dry reckless, wet reckless, and DUI.

Additional Resources

For more information, refer to the following:

1. Alcoholics Anonymous – 12-step program for overcoming alcoholism.
2. Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
3. Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
4. Impaired Driving Laws, Enforcement and Prevention – U.S. Department of Transportation.
5. MADD – Non-profit organization devoted to stopping drunk driving.