If you’ve been arrested for driving under the influence (DUI) in California, you may hear about the possibility of a “wet reckless” as part of a plea deal. But what exactly is a wet reckless, and how does it differ from a DUI conviction? More importantly, is it a better outcome for your case?
At Lamano Law, our experienced attorneys break down the key differences and help clients across the Bay Area—including Oakland—make informed decisions about their legal options. Here’s what you need to know.
What Is a DUI?
In California, a DUI (Driving Under the Influence) occurs when:
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You drive with a blood alcohol content (BAC) of 0.08% or higher, or
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You drive while impaired by alcohol, drugs, or a combination of both—even if your BAC is below 0.08%.
DUI convictions are serious. Even for a first offense, consequences can include:
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License suspension
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Fines and court fees totaling several thousand dollars
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Mandatory DUI education programs
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Probation
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Potential jail time
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Installation of an ignition interlock device (IID)
A DUI conviction also leaves a permanent mark on your criminal record unless you later seek an expungement. Insurance companies often increase rates dramatically after a DUI.
This is why working with an experienced DUI lawyer in Oakland is critical to protecting your rights and minimizing the long-term damage.
What Is a Wet Reckless?
“Wet reckless” is not a charge you can be arrested for. Instead, it’s a term used for a negotiated plea deal under California Vehicle Code § 23103.5. If your DUI case has weaknesses—such as a low BAC, no accident, or procedural issues—your attorney may be able to negotiate a plea to a wet reckless.
While a wet reckless still relates to alcohol or drug use, it carries significantly lighter penalties compared to a DUI conviction.
Key Differences Between DUI and Wet Reckless
1. Penalties
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DUI Conviction: Includes mandatory driver’s license suspension, court-ordered DUI classes, fines, probation, and sometimes jail time.
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Wet Reckless: Typically results in lower fines, shorter probation, and no mandatory license suspension through the court (though the DMV may still impose penalties).
A wet reckless usually saves you time, money, and hardship compared to a DUI conviction.
2. Impact on Driving Record
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DUI: Appears as a DUI conviction on both your criminal and DMV records.
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Wet Reckless: Still appears on your criminal record as an alcohol- or drug-related reckless driving offense but is viewed as less serious.
Important: A wet reckless counts as a “priorable” offense. If you are arrested for DUI within 10 years, a prior wet reckless can enhance penalties just like a prior DUI would.
3. Insurance Consequences
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DUI: Results in much higher insurance premiums due to the serious nature of the conviction.
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Wet Reckless: While it can still impact your insurance, some companies treat it less severely than a DUI.
Negotiating a wet reckless can save you thousands of dollars in long-term insurance costs.
4. Employment and Background Checks
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DUI: Shows up clearly as a DUI conviction, which can negatively impact employment, especially in industries involving driving, government work, or professional licensing.
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Wet Reckless: Still visible but can sometimes be explained more easily to employers as reckless driving rather than impaired driving.
If your career or professional license is on the line, getting a wet reckless instead of a DUI may protect your future opportunities.
When Is a Wet Reckless Plea Possible?
Not every DUI case can be reduced to a wet reckless. Factors that might support a plea deal include:
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Low BAC (close to 0.08%)
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No accidents or injuries
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No prior DUI history
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Procedural mistakes by law enforcement
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Inconsistencies in field sobriety or chemical test results
A skilled DUI attorney in the Bay Area will carefully examine your case for weaknesses and negotiate aggressively with prosecutors for a reduction when appropriate.
Why You Need a DUI Lawyer
Whether you’re hoping to beat your charges entirely or secure a favorable plea deal, having the best criminal attorney in Oakland by your side gives you the strongest chance of success. An experienced DUI lawyer knows:
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How to identify flaws in the prosecution’s case
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How to challenge evidence like breath or blood test results
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How to negotiate strategically with prosecutors for reduced charges
At Lamano Law, we fight to protect your record, your driving privileges, and your future. Every client receives personalized attention, strategic defense planning, and aggressive courtroom advocacy when needed.
The difference between a DUI conviction and a wet reckless plea can have a major impact on your life—both immediately and long-term. If you’ve been arrested for DUI in Oakland or anywhere in the Bay Area, getting experienced legal advice as early as possible is critical.
Charged with a crime in Oakland, San Jose, Berkeley, Alameda, San Mateo, Walnut Creek, or San Francisco? Don’t wait. Lamano Law is ready to stand by your side—contact us now to start building your defense.
