A DUI conviction comes with serious consequences. For a driver who’s facing a DUI charge, getting the case dismissed is the best thing that can happen. However, in most cases, prosecutors aren’t going to agree to a complete dismissal. But prosecutors typically are willing to plea bargain for a deal that doesn’t involve throwing the case out altogether.
This article is about plea bargaining for a reckless driving charge in a DUI case (often called a “wet reckless” in this context).
Is Plea Bargaining Allowed in DUI Cases?
Very few DUI cases end up going to trial. The overwhelming majority of DUI cases are, instead, resolved through plea bargaining. Here are some of the basics on DUI plea deals and their benefits and possible drawbacks.
Accepting a Plea Deal Means Giving Up Your Right to a Trial
Anyone accused of a crime (DUIs included) has the right to a jury trial. And, at trial, the accused has a number of other rights, including the right to an attorney and to present evidence.
When a defendant decides to enter a plea agreement with the prosecution, it amounts to a waiver of the right to a trial and all the other rights the defendant would have at trial.
Plea Bargaining Prevents Uncertainty
In all states, a DUI conviction leads to a range of possible penalties. If the defendant is convicted at trial, the judge gets to choose the penalties within the allowable range. With plea deals, the outcome is certain because the parties agree what the end result will be.
When Might Plea Bargaining be a Bad Idea?
DUI defendants who really need to avoid a conviction altogether—for instance, someone who will lose their job if they are convicted of a crime—might need to risk going to trial. The same might be true in cases where the defendant has a good chance of winning at trial because of a good defense: the possible benefit of winning at trial could outweigh the risk of a loss.
Factors That Can Affect Plea Bargaining in a DUI Case
In many jurisdictions, prosecutors can reduce a DUI charge to a wet reckless, which is just slang for reckless driving involving alcohol consumption. But a reckless driving charge typically carries less serious penalties than a DUI charge. So, prosecutors usually won’t agree to reduce a DUI charge unless there are mitigating factors or evidentiary problems with the case. In other words, prosecutors aren’t likely to reduce a DUI charge unless there’s good reason to do so.
Mitigating Factors That Might Lead to a DUI Being Reduced to a Wet Reckless
Prosecutors normally are more willing to make a wet reckless plea deal when the case involves significant mitigating circumstances. Every case is different, but some of the factors that might sway prosecutors to offer a favorable plea bargain to a defendant could include:
- age and health of the defendant
- a low blood alcohol concentration or level of impairment
- lack of a criminal record
- lack of prior DUI convictions, and
- the defendant’s voluntary participation in alcohol and drug treatment, Alcoholics Anonymous meetings, and the like.
During the plea bargaining process, the defendant’s attorney will normally try to point out and emphasize circumstances like these that might to reduce the defendant’s culpability in the eyes of the prosecutor.
Evidentiary Problems That Might Lead to a DUI Being Reduced to a Wet Reckless
If there are evidentiary problems with the case, the prosecutor might offer a plea deal rather than risk losing the case at trial. Along these lines, issues that the prosecutor might consider could include the:
- legality of the traffic stop (Did the officer have reasonable suspicion to pull the defendant over in the first place?)
- legality of the arrest (Did the officer have probable cause to arrest the defendant for driving under the influence?)
- validity of the standardized field sobriety tests (Did the officer give the defendant proper instructions on how to perform the tests?)
- admissibility of the chemical test results (Did the officer follow proper legal procedures in obtaining a blood, breath, or urine sample from the defendant?), and
- accuracy of chemical test results (Are there circumstances that make the reliability of chemical test results vulnerable to attack by the defense?
In short, if a case involves circumstances that could make it difficult to prove the DUI charge at trial, prosecutors are generally more willing to entertain a plea bargain like a wet reckless.
Factors That Can Derail Plea Bargaining for the Defense in a DUI Case
Generally, prosecutors won’t consider reducing a DUI charge if the case involved a serious harm or substantial risk of harm to individual citizens or the community. Some of the scenarios that might fall into this category include:
- a child being in the defendant’s car at the time of the offense
- extremely dangerous driving such as excessive speeds or going the wrong direction on a roadway
- the defendant caused an accident with property damage, and
- someone other than the defendant was injured or killed.
Also, even if there aren’t substantial aggravating factors, when the evidence of guilt is strong, prosecutors are normally resistant to reducing a DUI charge.
Advantages of Pleading to a Wet Reckless Charge
Wet reckless penalties are generally less serious than those for a DUI conviction. In other words, as compared to a DUI, a wet reckless conviction will normally result in less jail time and lower fines and have a lesser impact on driving privileges.
Wet Reckless Charges Carry Less Jail Time Than a DUI
While some states require minimum, mandatory jail time for both charges, the minimum jail time for a wet reckless is typically less than the minimum jail time for a DUI. Also, some states that have mandatory minimums for DUIs don’t require any jail time for wet reckless convictions.
The maximum jail sentence for a wet reckless might also be less than that for a DUI conviction.
Fines for Wet Reckless Conviction Are Less Expensive Than Those for a DUI
The laws of most states specify the range of fines for criminal convictions. For instance, a first DUI conviction might carry $500 to $1500 in fines. The minimums and maximums for a wet reckless conviction are normally lower than the corresponding fines for a DUI conviction.
Wet Reckless Convictions Result in Less Serious License-Related Consequences Than a DUI
DUI convictions usually result in license suspension or revocation for at least some period of time. It’s also common for states to require DUI offenders to use an ignition interlock device following the suspension or revocation.
For a wet reckless conviction, on the other hand, defendants won’t always lose driving privileges. Even if they do, the revocation or suspension period is normally shorter than that for a DUI conviction. By pleading to a wet reckless, the driver might also be able to avoid an ignition interlock requirement.
You Can’t Dodge Some Consequences by Pleading to a Wet Reckless
Unfortunately for drivers, there are some ways that a wet reckless is treated the same as DUI. Both convictions will increase insurance premiums and appear on a driving history.
Also, many states treat wet reckless convictions the same as a DUI if the defendant is convicted of DUI in the future. In other words, a driver who’s first convicted of a wet reckless and then is convicted of a DUI will face second-offense DUI penalties.
Consult with a DUI Attorney About Your Case
If you’ve been arrested for a DUI, it’s a good idea to consult an attorney. An attorney can help by evaluating your case and determining whether you have any good defenses. A qualified attorney can also tell you if the state where you’re charged allows a prosecutor to plea bargain DUIs.