California Vehicle Code 23103.5 – Wet Reckless (DUI Reduction)

Overview

A wet reckless under Vehicle Code 23103.5 VC is not a separate crime, but a negotiated plea deal to resolve a DUI charge with lesser penalties. It’s essentially a reckless driving conviction “involving alcohol or drugs”—hence the term “wet.”

A wet reckless conviction is less damaging than a DUI, but still carries consequences—including priorability for future DUIs, court fines, and DUI classes. It is often offered when there are issues with the DUI stop, test results, or lack of impairment evidence.

At Jones Trial Attorneys, we fight for wet reckless deals when a dismissal isn’t possible, but a full DUI conviction is too harsh. We know how to push prosecutors toward compromise and how to time your plea for maximum advantage.

Legal Basis

VC 23103.5 allows a DUI to be resolved as a reckless driving conviction under VC 23103 if:

1. The prosecution agrees to amend the complaint; and

2. The defendant pleads guilty to reckless driving, with acknowledgment that alcohol/drugs were involved.

Why Accept a Wet Reckless?

Compared to a DUI, a wet reckless usually offers:

• No mandatory license suspension (unless DMV already acted)

• Shorter DUI school (6 weeks instead of 3, 6, or 9 months)

• Lower fines and court fees

• No court-ordered ignition interlock device

• Less stigma on employment background checks

However, it does count as a prior DUI if you’re arrested again within 10 years.

Penalties for a Wet Reckless

• Up to 90 days in jail (rare for first offenses)

• Fines around $300 to $1,000 (plus penalty assessments)

• DUI school (typically 6–12 weeks)

• Misdemeanor probation

• 2 DMV points on your driving record

When Can a Wet Reckless Be Negotiated?

You may be eligible for a wet reckless if:

• Your BAC was close to .08%

• You were arrested for drug DUI with weak evidence

• The officer’s stop or arrest was questionable

• There were errors in the testing process

• You have no prior DUI convictions and no injuries occurred

Defenses and Strategy

Even when a wet reckless isn’t offered upfront, we negotiate for it by:

• Challenging probable cause

• Suppressing breath/blood test results

• Highlighting favorable police report details

• Presenting mitigation and rehabilitation materials

We push for non-alcohol-related reductions (like dry reckless or exhibition of speed) when immigration or professional licensing is a concern.

Immigration and Employment Consequences

A wet reckless is a DUI-related offense, so it may:

• Count as a prior for future DUIs

• Affect immigration eligibility (especially for green card holders)

• Impact commercial drivers or job applicants with background checks

We consider all collateral consequences before finalizing any plea.

Related Offenses

• VC 23152 – DUI (Alcohol or Drugs)

• VC 23103 – Reckless Driving

• VC 23109 – Speed Contest

• PC 1000 – Drug Diversion (for non-DUI drug cases)

How Jones Trial Attorneys Can Help

Wet reckless deals are strategic wins when a DUI dismissal isn’t possible. We know how to position your case for the best resolution—protecting your license, your record, and your future.

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Accused of DUI? A Wet Reckless Might Be the Right Move.

Call us at (866) JTA-WINS or Schedule a Free Consultation using the form below.