"Wet" Reckless & DUI Expungement
A DUI can happen to anybody. Almost everyone knows someone who has had one…
How many of them still have it staining their arrest record?
Don’t let that be you! Lets MOVE ON…
A DUI and a WET WRECKLESS can both be expunged
California "Wet" Reckless And DUI Expungement Summary
Like infractions, it is a common misconception that DUI and wet wreck-less charges get automatically removed after a period of time, and again it is false.
But fortunately they give us the opportunity to have these charges expunged as well. Just as the other felony and misdemeanor expungements you will no longer be considered convicted of the "wet" reckless or DUI by the state of California, and your criminal record will be permanently changed to display a dismissal rather than the alcohol related misdemeanor conviction.
NOTE: One thing to note about DUI and "wet" reckless expungement is that there is a misconception out there that after a certain amount of time your DUI conviction gets removed from your criminal record automatically. This belief is untrue, as your conviction will never be removed from your criminal record unless expunged under California Penal Code 1203.4 by petitioning the court. It is also important to note that expunging your DUI or "wet" reckless from your criminal record will not have any effect on your DMV record, by which your driving privileges are dictated. Lastly the expunged conviction will still be considered as a prior DUI conviction if you are convicted again of an alcohol related vehicular violation, meaning your sentencing on the subsequent conviction will be in line with repeat offender sentencing guidelines. It takes 10 years for a prior DUI conviction to become irrelevant in terms of subsequent alcohol related convictions and to be removed from you DMV record.
We have tremendous expertise in the area of DUI and "wet" reckless California expungements, and we can help you forget your past and embrace the future.
What is the difference between a DUI and "wet" reckless?
The common terms associated with alcohol related driving offenses are
- “WET” RECKLESS
DUI (driving un the unfluence) is interchangeable with the term DWI (driving while intoxicated)
DUI is used whenever either drug or alcohol induced impaired driving is at issue. Even if somebody uses the term DWI on accident in California, they are referring to a DUI.
There is, however, a significant difference between a DUI conviction and a "wet" reckless conviction.
- The "wet" reckless charge was devised to provide an incentive for defendants to enter into a plea bargain. It’s a fact that a "wet" reckless is not something you can actually be arrested for.
- There is technically no actual law on the books that defines a "wet" reckless, this plea of “wet” reckless allows a defendant to make a plea of no contest on a lesser charge of CVC 23103 for reckless driving with a notation that alcohol was involved.
Some wet reckless facts…
- Mandatory fines may be reduced.
- Mandatory alcohol related classes may be reduced.
- Jail time will likely be eliminated. This is helpful if you have a prior alcohol related driving offense, as a "wet" reckless will eliminate the mandatory jail time a DUI conviction wold carry with the prior convictions.
- Some California counties mandate the installation of a ignition interlock device on your vehicle after a DUI conviction and a "wet" reckless conviction can eliminate this requirement.
- It may help you maintain any jobs and/or professional licenses that forbid a DUI conviction.
- Your criminal record will show a "wet" reckless conviction which often looks better than a DUI conviction.
- Here is what a "wet" reckless will not do for you:
- Your "wet" reckless will still be reported to the DMV and the DMV will treat it the same as a DUI in terms of suspension of your driver's license.
- The "wet" reckless will stay on your DMV record for 10 years.
- 10.Insurance companies will treat your "wet" reckless identical to how they would treat a DUI, and thus you will not save on your car insurance with the plea bargain.
- 1Your "wet" reckless will still be used as a prior offense for up to 10 years, the same as a DUI, if you are convicted of another alcohol related driving offense in the future.
- As you can see a "wet" reckless will not eliminate many of the punitive requirements that accompany a DUI, but there are several reasons why a "wet" reckless is preferable to a DUI.