DUI Law | Dry Reckless



Although the goal of a dedicated DUI defense attorney is always to get your DUI charges dismissed when possible, it's unfortunately not always possible. Therefore the next best option is to try and reduce the DUI charge to a lower charge.

A wet reckless and dry reckless are two lower charges that an experienced California DUI defense attorney can negotiate for under the appropriate circumstances. For more information about a wet reckless plea bargain please visit our page here.

A dry reckless charge involves no alcohol or drugs and is simply a charge of reckless driving, which is defined as driving with a willful or wanton disregard for people or property. However, a dry reckless is not a crime that you can be arrested for. Rather it is only a charge that can be negotiated for by a skilled California DUI defense attorney during the DUI negotiations process with the district attorney. 
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There are several advantages of a dry reckless conviction. First, the maximum jail time does not increase with each subsequent conviction as is the case with California DUIs. A dry reckless carries a maximum 90 day jail sentence. A first DUI offense has a maximum jail sentence of six months which increases to a year for a second or third offense. 

Second, a dry reckless conviction has a shorter maximum jail time limit. The maximum jail time for a dry reckless is 90 days whereas the maximum jail time is six months for a first DUI and one year for a second or third DUI. 

Third, a dry reckless also carries a shorter probation period of one to two years as opposed to the three to five year DUI probation period. 

A dry reckless also involves lesser fees, no mandatory license suspension, and a shorter DUI education program if imposed. 

A dry reckless charge is preferred over a wet reckless because it is not a priorable offense. This means that if you are convicted of a dry reckless and then are subsequently convicted of DUIs, your dry reckless conviction will not count as a prior DUI and you will not be sentenced as a repeat offender. A wet reckless however, is priorable and therefore you will be sentenced as a repeat offered for a subsequent DUI. 

If you have been arrested for a California DUI and need help negotiating a plea bargain contact the Law Offices of Lucy Zheng for a consultation and case evaluation. We have the knowledge and dedication to negotiate for a reduction of your DUI charge if the circumstances are appropriate.