Dry Reckless - The Los Angeles Criminal Defense Attorney

DUI – “Dry Reckless” As A Plea Bargain

Have you been arrested or charged with a DUI? Your case could possibly be negotiated down to a “dry reckless”. Call Los Angeles dry reckless lawyer Kevin Moghtanei for a FREE CONSULTATION today.

A DUI can have potentially devastating effects on one’s personal and professional life. For that reason, many efforts are made to negotiate a deal for a reduced charge. While there is never a guarantee, one of the very best plea bargains in a DUI case is CVC 23103, commonly referred to as a “dry reckless.” In my experience, a dry reckless result is even better than a “wet reckless,” which is already a good result.

“Dry reckless” is found in California vehicle code section 23103. It is basically a misdemeanor reckless driving offense. Even if you were not driving recklessly, your DUI case may possibly be plea-bargained down to a “dry reckless.”

What Does “Dry” In “Dry Reckless” Mean?

The term “dry” in “dry reckless” means that you were originally charged with an alcohol or drug-related driving offense. There is also a separate driving offense referred to as “wet reckless,” which is similar to a “dry reckless” but closer to a DUI in the general hierarchy of DUI plea bargains.

Kevin Moghtanei- principal attorney at DCD Law

Advantages Of A “Dry Reckless” Vs A DUI

Shorter probation

DUIs generally involves a period of probation lasting 3 to 5 years
A “dry reckless” generally involves a shorter period of probation lasting 1 to 2 years

Lower minimum fines

A DUI has a maximum fine of $1,000, but a mandatory minimum fine of $390.
A “dry reckless” also has a maximum fine of $1,000, but a mandatory minimum fine of $145.

*Note: These fines are the base fines; penalty assessments are always added on for a “wet reckless” and DUI alike, and usually bring the amount to about 3x-4x the amount of base fine.

No DUI program required

A first-time DUI conviction will result in having to complete a 3 month, 6 month, or 9-month alcohol program.
A multiple DUI offender may have to complete an 18 month or even a 30-month alcohol program.
A “dry reckless” requires no DUI program, however, in some instances, plea bargains may require a six-week program.

No court-imposed license suspension

A DUI conviction will result in a court-imposed driver’s license suspension.
A “dry reckless” conviction will not result in a court-imposed driver’s license suspension.

*Note: Even if your case is plea-bargained down to a “dry reckless,” DMV can still suspend your license if you lose your Administrative Hearing.

Less punishment if you previously had a DUI

A DUI is priorable for a 10-year period, meaning that any subsequent DUI will result in harsher punishment. (Example A)
However, a person previously convicted of DUI who later on is convicted of “dry reckless” (despite occurring within 10 years of each other) may likely avoid this harsher punishment. (Example B)

Example A: Michael is charged and convicted of a first-time DUI in 2010. In 2016, Michael was charged and convicted of a separate DUI. Because the 2016 DUI occurred within 10 years of the 2010 DUI, this will count as his 2nd DUI, and he will be punished much more harshly.

Example B: Michael is charged and convicted of DUI in 2010. In 2016, Michael gets charged with DUI, but his lawyer is able to negotiate a “wet reckless” plea bargain. Even though the “wet reckless” occurred within 10 years of the 2010 DUI, this will likely NOT count as his 2nd DUI, and therefore Michael’s punishment will be much more lenient than a 2nd DUI punishment.

Advantages Of A “Dry Reckless” Vs “Wet Reckless”

Dry reckless” is not priorable

Like a DUI, a “wet reckless” is a priorable offense for a 10-year period, meaning that any subsequent DUI will result in a harsher punishment. (Example A)
A “dry reckless,” however, is not priorable, meaning any subsequent DUI will not result in a harsher punishment. (Example B)

Example

Example A: Michael is charged and convicted of a “wet reckless” in 2010. In 2016, Michael was charged and convicted of a DUI. Because the 2016 DUI occurred within 10 years of the 2010 “wet reckless”, this will count as his 2nd DUI, and he will be punished much more harshly.

Example B: Michael is charged and convicted of a “dry reckless” in 2010. In 2016, Michael was charged and convicted of a DUI. This time, even though the 2016 DUI occurred within 10 years of the 2010 “dry reckless”, the 2016 DUI will not count as his 2nd DUI, and he will likely be charged with a 1st DUI.

Negotiating a DUI charge down to a “dry reckless” is no easy task. There are certainly no guarantees in any cases, including DUI matters. A “dry reckless” or “wet reckless” result is a much better outcome than a DUI conviction. A “dry reckless” is even better than a “wet reckless.”

I have a great deal of experience in handling DUIs throughout Los Angeles County, and in doing so have been able to successfully negotiate for my clients a “dry reckless”.

Contact me for a free consultation to discuss your DUI arrest and DUI charges, and see if I can get your matter reduced to a “dry reckless”.

DRY RECKLESS: California Vehicle Code Section 23103 VC