Dry Reckless? Wet Reckless? The Meanings You Should Know
You see the terms “wet reckless” and “dry reckless” thrown around casually in the news and among friends, but it may not be clear what they really mean. When you are facing DUI or DWI charges, you should know your options and the possible sentence you may face if convicted.
What Is a Wet Reckless?
“Wet reckless” refers to the situation when your lawyer negotiates with the prosecutor to reduce your DUI or DWI charge to a reckless driving charge. If convicted of reckless driving, you would not face mandatory jail time like you would for most DUIs. The penalties are less severe, and you will not have a DUI charge on your record.
However, in some courts there may be a note in your criminal record that your crime involved alcohol or drug use. This note could affect your auto insurance rates. If you receive another DUI or reckless driving charge in the future, the judge may consider this note when sentencing.
What Is a Dry Reckless?
Sometimes, people use the term “dry reckless” to refer to the same situation as a wet reckless. But usually it means that the prosecutor reduces your charge to reckless driving with no note in the file saying that your crime involved alcohol or drugs.
Your lawyer is more likely to be successful negotiating a dry reckless if your blood alcohol concentration (BAC) was under the legal limit. In Oklahoma, you can still be charged with a DWI (driving while intoxicated) for a BAC of less than 0.08. Negotiating a dry reckless also can happen if your BAC test using your breath or blood was flawed or did not occur.
How Can You Get Your Charges Reduced?
The prosecutor will not agree to reduce DUI or DWI charges to reckless driving in all cases. He or she is more likely to do so if you have convincing defenses involving as a faulty breathalyzer reading, an illegal arrest, or similar. Even if your lawyer successfully convinces the prosecutor to reduce the charges, the judge still has to agree to the plea deal. Talk to your lawyer about your options for pleading to a wet reckless or a dry reckless.
If you are facing DUI charges, seek out an attorney who knows the Oklahoma criminal law system inside and out. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.