DUI Reductions
A DUI can potentially be reduced in California, but it depends on the circumstances of the case. One common reduction is to what's called a "wet reckless" charge, which is a lesser offense than a full DUI. Think of it as an alcohol related reckless driving. Below is some general information about wet reckless and other related offenses.
Wet Reckless (Vehicle Code sections 23103/23103.5):
This is a reckless driving charge involving alcohol.
It still counts as a prior if you get another DUI within 10 years.
It carries lesser penalties than a DUI: lower fines, shorter or no license suspension, and often no jail time.
Dry Reckless (Vehicle Code section 23103):
Reckless driving not involving alcohol or drugs.
These can be great outcomes as they don’t count as a prior DUI offense. Considered more favorable than wet reckless.
Exhibition of Speed (Vehicle Code section 23109):
Rare, but sometimes used in plea bargains.
No mandatory license suspension, and it's not considered an alcohol-related offense.
Traffic Infractions:
In very rare cases, a DUI can be reduced to a traffic infraction, usually when there's a strong defense.
What Factors Help Get a DUI Reduced to a Wet Reckless (or other related offense?)?
Whether or not your DUI charge will be reduced to a wet reckless involves consideration of many factors. Below is a list of some of the more common factors:
Low blood alcohol content (BAC) (e.g., just over 0.08%)
No accident or injuries involved
First-time offender
Issues with the traffic stop or arrest procedure
Problems with the breathalyzer or blood test results
Critical to achieving the best outcome in your case is finding an experienced DUI attorney who knows what they’re doing. The right attorney can negotiate with the DA, thoroughly review evidence, and find uncommon procedural or factual weaknesses in the case.
Chico attorney Davis Hewitt has extensive experience handling DUI offenses in California. Call or email to schedule a free 30-minute consultation. (916)761-8049 or Davis@dwhlo.com.
