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What is “Wet-Reckless” Driving?

May 16, 2016

Wet-Reckless driving is a plea bargain for a DWI/DUI defense where the defendant pleads guilty to a drinking and driving charge. In most situations, this is a deal available to first time offenders who are not accused of any additional charges, such as manslaughter, property damages, or enhanced BAC.

A wet-reckless conviction can still be accompanied with fines, community service, substance abuse classes, and other penalties. In many states, if a person is convicted of wet-reckless driving and then is found guilty of another DUI charge, it will be considered a second offense.

Only certain states accept deal deals, such as wet-reckless driving, is DWI/DUI cases. Other states don’t have specific laws against such deals therefore they may be accepted by a judge on a discretionary basis.

States With Wet-Reckless Pleas

These states accept wet-reckless driving and do not have anything in their laws prohibiting plea deals in drinking and driving cases. If granted a wet-reckless plea, it is likely that the penalties and punishments will be reduced. However, the charge will remain on a record and could affect any future DWI cases.

Florida Nevada South Dakota New Hampshire
California North Carolina Utah
Delaware Ohio Michigan

States With No Statutes Prohibiting Wet-Reckless Pleas

These states do not explicitly prohibit or allow wet-reckless plea deals. That essentially means that a lawyer can make an appeal for a plea deal, but there is little to no indication on whether it will be effective. If wet-reckless is applied, it will reduce the sentencing of the case but stay on record as a drinking and driving charge.

Alaska Oklahoma Nebraska Wyoming
Colorado Tennessee North Dakota Idaho
Connecticut Virginia Rhode Island Maryland
District of Columbia Wisconsin Vermont Louisiana
Minnesota Mississippi Washington Maine
Montana Missouri West Virginia Massachusetts

States That Do Not Accept Wet-Reckless Pleas

These states do not recognize or accept wet-reckless as an alternative to a DWI/DUI charge. A lawyer would not be successful in attempting a plea bargain with the prosecutor.

Alabama Illinois New Jersey South Carolina
Arizona Indiana New Mexico Texas
Arkansas Iowa New York
Georgia Kansas Oregon
Hawaii Kentucky Pennsylvania

If you’re in a state that accepts wet-reckless pleas and think your situation fits the circumstance that are outlined for this deal, contact a lawyer today. Find a lawyer that knows the details and laws around wet-reckless driving who can win your case.

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Updated: May 16, 2016 at 11:17 am