In California, a dry reckless is when you plea bargain your DUI charge down to reckless driving (not involving alcohol) under Vehicle Code 23103 VC. This is a favorable deal because dry reckless carries laxer penalties than DUI.
The sentence for a dry reckless generally includes:
- 1 to 5 years of misdemeanor probation,
- up to 90 days of jail,
- fines of up to $1,000 plus court costs, and
- no mandatory driver’s license suspension.
Dry reckless is generally reduced from the original charges of:
- Vehicle Code 23152(a) – driving under the influence or
- Vehicle Code 23152(b) – driving with a BAC of 0.08 or above.
A dry reckless is also a better deal than a so-called “wet reckless” DUI plea bargain. A “dry reckless” is not priorable like a “wet reckless,” so it will not increase your penalties if you are arrested for DUI again in the future.
The following chart compares the California crimes of dry reckless, wet reckless, and DUIs.
| CALIFORNIA | Dry Reckless | Wet Reckless | DUI First |
| Statute | VC 23103 & VC 23103.5 | VC 23103 & VC 23103.5 | VC 23152 |
| Definition | Driving with wanton disregard for safety of persons or property (alcohol not involved) | Reckless driving involving alcohol or drugs | Driving with a BAC of 0.08% or higher, or while under the influence of alcohol and/or drugs |
| Jail | Up to 90 days | Up to 90 days | Up to 6 months |
| Fine | $145-$1,000 plus penalty assessments | $145-$1,000 plus penalty assessments | $390-$1,000 plus penalty assessments |
| License suspension | No, but 2 points on driving record | No, but 2 points on driving record | Yes |
| Probation possible? | Yes | Yes | Yes |
| Prioriable | No | Yes | Yes |
In this article, our California DUI lawyers will answer the following frequently asked questions about VC 23103 “dry reckless” plea bargains:
- 1. What are the advantages of a dry reckless over a DUI conviction?
- 2. Why is a “dry reckless” better than a “wet reckless”?
- 3. How do I reduce a DUI to a wet or dry reckless?
- Additional Reading
If after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
1. What are the advantages of a dry reckless over a DUI conviction?
In California, reckless driving is driving with a willful or wanton disregard for the safety of other people or property.1 Getting your DUI charge reduced to a “dry reckless” has the following benefits.
No Mandatory Sentencing Enhancements For Repeat Dry Reckless Offenders
Unlike a DUI, the sentence for a dry reckless does not automatically increase with each subsequent conviction.
While it is true that a judge may sentence you more harshly if you are repeatedly convicted of reckless driving, there is no mandatory requirement for doing so like there is with multiple DUI convictions.2
Shorter County Jail Sentence
A dry reckless plea deal carries a maximum of 90 days in jail. In contrast, a California DUI carries a maximum six-month sentence (which increases to one year for a second or third offense).3
This distinction is important if you get a probation violation. Ninety days will be the absolute limit that you can be sentenced to for the dry reckless charge, which is half (if not a quarter) of what you would face for a DUI probation violation.
Shorter Probation Period
Probation for a dry reckless conviction typically lasts only one or two years. In contrast, probation for a DUI typically lasts three to five years.
This advantage becomes critical if you get arrested for another crime. As long as your probation has expired, you cannot be sentenced for a probation violation.
A Reduced Fine
In California, the maximum fine for both a dry reckless and a DUI is $1,000.
However, throw in court-imposed “penalty assessments” in DUI cases, and you may end up paying as much as $3,000. Meanwhile, dry reckless typically carries half (or less) than that.
Plus, the mandatory minimum fine for the dry reckless charge reduction is only $145. The DUI mandatory minimum is $390.4
No Mandatory Court-Ordered License Suspension
A California DUI conviction triggers a six-month driver’s license suspension–and this period gets longer if you have prior DUI or wet reckless convictions. (The DMV may allow you to continue driving with an ignition interlock device).5
In contrast, a dry reckless plea deal does not trigger a license suspension. (Though it does add two points to your driving record, which could contribute to a negligent operator license suspension.6)
The ultimate decision on whether you lose your license is made at a DMV administrative hearing–not through the criminal court process. So to avoid a license suspension, you must both:
- get your DUI charges reduced to dry reckless in court and
- prevail at the California DMV.
No DUI School or, at Most, a Six-Week Program
A California DUI conviction mandates you complete a minimum three-month alcohol education program. The program is 18 months for repeat offenders. There is no such requirement with a dry reckless conviction.7
However, as part of a negotiated dry reckless plea bargain, the prosecutor and/or judge may require you to participate in a six-week program.
A dry reckless charge reduction has several advantages over California DUI penalties. These include a shorter probation period, lower total fines and no mandatory driver’s license suspension.
2. Why is a “dry reckless” better than a “wet reckless”?
A “wet reckless” is another common plea bargain from California DUI charges.
With a wet reckless, you plead guilty to VC 23103, just as you would with a California dry reckless. However, your record of conviction will contain a notation that alcohol and/or drugs were involved in your arrest.8
According to Beverly Hills DUI defense attorney John Murray:9
“A wet reckless can be thought of as the ‘first level’ of DUI plea bargaining in California. It is usually the first plea deal that a prosecutor will offer in a DUI case. However, a dry reckless has several important advantages over a wet reckless. If the prosecutor offers you a wet reckless plea bargain as a starting point for negotiations, it may be worth trying to negotiate them down further to a dry reckless.”
The main advantages of a dry reckless over a wet reckless are the following.
A Dry Reckless Under California Vehicle Code 23103 VC Is Not “Priorable”
California DUIs and wet reckless convictions are both priorable offenses. This means if you have a conviction for either offense, and then you get convicted of another DUI within a ten-year period, your penalties will increase greatly.10
Unlike a wet reckless, a dry reckless is NOT priorable–an advantage it shares with exhibition of speed, another common DUI plea bargain. If you have a dry reckless conviction on your record, and subsequently get convicted of a DUI, you will still be sentenced as a first-time DUI offender.
Insurance Companies “Prefer” a Reckless Driving Conviction
Unlike DUI or wet reckless convictions, a dry reckless driving conviction should not lead to a cancellation of your auto insurance policy or cause your premium to skyrocket.
Furthermore, a dry reckless will not invite the same scrutiny that a DUI or wet reckless would with respect to professional or commercial licenses. This is because a dry reckless conviction is simply recorded as misdemeanor reckless driving: Unlike a California wet reckless conviction, there is no automatic association with a DUI.
3. How do I reduce a DUI to a wet or dry reckless?
Because dry reckless is not a “priorable” offense, California prosecutors often hesitate to offer it as a DUI reduction. They prefer a priorable wet reckless.
That said, a prosecutor is most likely to agree to a dry reckless reduction when:
- Y our BAC was close to 0.08%; and
- There are serious flaws with the prosecution’s evidence against you.
Example: Sally’s DUI blood test comes back as a .10% BAC. Her defense lawyer orders a retesting, which reveals that the original vial contained an insufficient amount of preservative. Her attorney also points out that her blood was drawn nearly two hours after her DUI investigation began. Plus, she has an otherwise spotless driving history and no criminal record. As a result, her attorney is able to negotiate a plea bargain to dry reckless.
Example: Rick refuses a chemical test after his DUI arrest, which normally invites an enhanced sentence. However, Rick’s attorney discovers that the police gave Rick improper instructions for the field sobriety tests. Since there is little evidence left to prove Rick was intoxicated, the D.A. offers to reduce the DUI down to a dry reckless.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Deportation and Driving: Felony DUI and Reckless Driving as Crimes of Violence following Leocal v. Ashcroft – Journal of Crime & Criminology.
- Criminal Law: Reckless Driving Is Not a Lesser Included Offense of Driving While under the Influence of Alcohol – Washburn Law Journal.
- Reckless and Careless Driving: Is There a Difference? – The Journal of Criminal Law.
- Sociodemographic, behavioral, and substance use correlates of reckless driving in the United States: Findings from a national Sample – Journal of Psychiatric Research.
- Death on the Highway: Reckless Driving as Murder – Oregon Law Review.
Legal References:
- Vehicle Code 23103 VC — Dry reckless. (“(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. . . . (c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 VC or 23105 VC.”). Compare same with Vehicle Code 23536, 23540, 23546 VC – DUI penalties. See Vehicle Code 23540 VC — DUI second offense penalties [specifying that a wet reckless but not a dry reckless prior will count as a DUI for subsequent DUI penalties].
- Compare same with Vehicle Code 23536, 23540, 23546 VC – DUI penalties [which do not apply to “dry reckless” charge reductions].
- Compare Vehicle Code 23103 VC – Dry reckless, endnote 1 above, with Vehicle Code 23536, 23540, 23546 VC — DUI penalties [which do not apply to “dry reckless” charge reductions].
- Same.
- See Vehicle Code 13352 VC – Driver’s license suspension for DUI; California Senate Bill 1046 (2018).
- Vehicle Code 12810 VC – Traffic points.
- See Vehicle Code 23538 VC — Probation requirements for DUI convictions.
- Vehicle Code 23103.5 VC – Wet reckless.
- Beverly Hills DUI defense attorney John Murray is a leading expert in California DUI defense strategy, including plea bargain and charge reduction options like wet reckless and dry reckless. He has extensive experience both in the court systems of Los Angeles County and Ventura County and in California DMV hearings.
- See Vehicle Code 23540 VC — DUI second offense penalties.