Reckless Driving Involving Alcohol vs. DUI
According to Mothers Against Drunk Driving, one person is killed every 45 minutes in the United States as a direct result of driving under the influence. As of 2008, death rates had gone down 9.8 percent from previous years, but the numbers still exceeded 11,000 per year. An estimated one in every 139 licensed drivers is arrested each year. There are typically two ways in which an individual can be charged for alcohol-related driving offenses: DUI (Driving Under the Influence) or Reckless Driving Involving Alcohol, which is also known as Wet Reckless. Under both charges, if convicted, the individual is required to attend substance abuse-related courses, but a Wet Reckless charge is considered a lesser crime than a DUI.
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What is Reckless Driving Involving Alcohol?
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In some incidences, impaired drivers and first time offenders do not meet the legal requirements for a DUI charge. In some states, such as California, in cases where drivers are not over the legal limit, the driver may be charged under the Wet Reckless or Reckless Driving Involving Alcohol provision instead. This is the case if the accused was driving in a dangerous manner and his driving was affected by the presence of alcohol or drugs but not to the point that the BAC was above the legal limit.
DUI/DWI
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Driving Under the Influence or Driving While Impaired are commonly referred to as DUI/DWI. The titling of the law depends on the state but both mean the same thing. Essentially, any person found to be operating a motor vehicle while under the influence of alcohol or drugs is said to be in violation of the state DUI/DWI law. However, detecting alcohol in the system is not enough to be considered under the influence. The blood alcohol content must reach the state mandated minimum limit.
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BAC Limits
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BAC measures the blood to alcohol ratio in the driver's body at the time of arrest. This can be measured in a number of ways but is most often done with a breath test at the scene of the arrest. Currently, all states have laws which consider any reading over .08 BAC as a DUI.
Sentencing Guidelines
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Sentencing guidelines vary from state to state and depend greatly upon the severity of the violation, any injuries or deaths that may have occurred as a direct result and the number of prior incidents cited. Generally first offenders are offered a treatment option, a fine of up to $1,000 and incarceration or loss of license. After that, penalties become much more stringent. Sentencing under the Wet Reckless law greatly reduces the penalties required. For example, there are no mandatory license suspensions or sentencing enhancements as there are with some DUI violations. Additionally, incarceration and probation sentencing guidelines are half the amount of time for Wet Reckless as they would be for a DUI.
Anti-Plea Bargaining
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Currently, 16 states have laws which prevent someone accused of a moving violation involving alcohol from offering a plea deal to a lesser offense which does not include alcohol.
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