Reckless Driving Alcohol vs. DUI in California

The difference between a DUI and a "wet reckless" driving charge can simply be proof.

When prosecuting a Driving Under the Influence (DUI) charge in California, the prosecution may agree to reduce the charge to wet reckless driving, also known as reckless driving involving alcohol.

DUI

Given for driving under the influence of drugs or alcohol, a California DUI from alcohol requires the offender's blood alcohol level to be 0.08 percent or higher. Any amount of illegal drugs in a person's blood constitutes a presumption of driving under the influence. Prosecution of any offender requires proof that the offender drove a vehicle while under the influence of drugs or alcohol. A DUI only becomes a felony charge if someone got hurt as a result of the drunken driving or if it is the offender's third or worse DUI.

Reckless Driving Involving Alcohol

Since in California a DUI conviction requires proof, which may not always be available, a lesser misdemeanor charge of "wet reckless" driving can replace a DUI charge. The lack of a wet reckless driving law makes this charge a sometimes accepted plea bargain, which usually results in a less severe punishment.

Punishments

California punishments for a DUI conviction include three to five years of probation, a fine from $1,400 to $1,800, a six months' license suspension, 12 to 45 hours of DUI school and 48 hours of either jail time or community service. Penalties increase with subsequent charges. Punishments for a wet reckless driving conviction include a 12-hour DUI class, less severe fines and shorter probation than a DUI conviction. However, insurance companies view the two charges the same.

References

• CA.GOV: California Department of Motor Vehicles: Section 23152 Driving Under Influence of Alcohol or Drugs
• Braden & Tucci: California DUI Law: Adult DUI Statutes
• CaliforniaWetReckless.com: California Wet Reckless
• Kapsack & Bair, LLP: California DUI Penalties and Punishments