Much of the negotiations between prosecutors and DUI defense attorneys involve reducing a DUI charge to a wet reckless or a dry reckless. Both of these reduced charges fall under California Vehicle Code 23103, the statute defining reckless driving.
1. What is a “wet reckless” in California?
A “wet reckless” is a particular form of a reckless driving charge in which the record of conviction specifies that alcohol was involved. The “wet” version of reckless driving counts as the functional equivalent of a DUI conviction.
Suppose, for example, that a person pleads guilty to a reduced charge of wet reckless. Now suppose he gets arrested and convicted of a DUI charge within 10 years. The new DUI will count as a second offense, and second-time penalties are exponentially more significant. Even though the first DUI got reduced to a wet reckless, the law still treats it as a prior DUI conviction.
2. What is a California “dry reckless”?
A dry reckless under California law is when a person charged with DUI agrees to plead to a reckless driving charge, and the record of conviction specifies that alcohol was not involved. A dry reckless does not count as a prior DUI.
If a person with a dry reckless conviction picks up another DUI, the new DUI gets treated as a first offense.
The distinction between wet and dry reckless is important. Many clients say, “I’m not worried about ‘priorability.’ I learned my lesson. I’ll never pick up another DUI.”
But 10 years is a long time. Many things can happen. People unexpectedly pick up second DUIs all the time. For that reason, it’s always better to negotiate a DUI down to a dry rather than a wet reckless. (Refer to our article, “Can a plea bargain help me in California DUI cases?“)
The following chart compares the California crimes of dry reckless, wet reckless, and DUI.
| 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 |
