What is Wet Reckless Driving in Arizona?

what is wet reckless driving Unlike most other offenses, it is very difficult to plea down to a lesser charge for DUI. Plea down just means your DUI attorney negotiates with the prosecutor to either dismiss the charges against you, or to agree to convict you of a lower charge. With DUI, there really aren’t many lesser charges to plea down to. Furthermore, since DUI is such a dangerous offense, courts are reluctant to do this. However, there is one circumstance where your lawyer may be able to plea down to what is called a “wet reckless” charge.

Arizona is one of the strictest states when it comes to DUI. It is very rare that they would ever agree to a lesser offense. Your DUI attorney will have to work hard with the prosecutor to negotiate a lesser plea. One possible plea is something called a “wet reckless.”

What is a Wet Reckless Charge?

A wet reckless charge is simply a reckless driving charge that involves alcohol. The “wet” refers to the alcohol itself. It is very difficult to get a DUI charge reduced to a wet reckless. There are certain times when this is more likely than not. These situations include:

You are a first-time offender
Your BAC was very close to .08
There are other defenses that you may bring up
The prosecutor has holes in their case

In these situations, it is more likely (but not a guarantee) that you can get a plea down to a wet reckless. A wet reckless can be used whether there were alcohol or drugs involved.

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Advantages and Disadvantages of a Wet Reckless

A wet reckless does not let the offender get off scot-free. There still serious consequences for a wet reckless charge. Here are some of the pros and cons of a wet reckless plea:

Pros:
- No mandatory sentence for a wet reckless
- Less jail time – a DUI carries up to 6 months in jail where a wet reckless only carries 90 days in jail
- No automatic license suspension
- The probation period is only 1-2 years for a wet reckless as opposed to a 3-5 year probation period for a DUI
Cons:
- A wet reckless will still count as a prior offense for future DUI purposes. If you plea to a wet reckless today and are convicted with DUI in 5 years, it will be considered a second offense. However, this would be the case with a DUI conviction anyway.
- Insurance companies treat both DUI and wet reckless the same way.

Considering these pros and cons, it is still obviously favorable to plea to a wet reckless rather than face a DUI conviction.