| Plea Bargains | | | | driving not involving alcohol, also known as dry-reckless. |
| A motorist facing a drunk driving charge has an | | | | A dry-reckless conviction is better than a DUI |
| important decision to make - whether to take the case | | | | conviction in every way, and experienced California |
| to trial or accept a plea bargain. There are sometimes | | | | DUI / DWI attorneys will almost always advise an |
| good reasons to take a case to court, but there can | | | | accused drunk driver to accept this deal if it is offered. |
| also be compelling reasons to accept a plea bargain. | | | | A dry-reckless conviction typically carries only a fine |
| An experienced DUI / DWI criminal defense attorney | | | | and probation, although the court may order the driver |
| can help an accused drunk driver decide the best | | | | to attend alcohol-education classes. A dry-reckless |
| course of action in each individual case. | | | | conviction is not priorable, meaning it doesn't count as a |
| Depending on the case, considering a plea bargain | | | | prior DUI conviction if an individual is arrested again for |
| may be a reasonable alternative to a jury trial. Plea | | | | drunk driving within 10 years. Also, a dry-reckless plea |
| bargains are a good option when the prosecution has | | | | doesn't require an SR-22 if the driver is successful at |
| a particularly solid case and the chances of prevailing | | | | a DMV hearing. |
| at trial are slim. | | | | Sometimes a prosecutor offers a plea of exhibition of |
| One option in a drunk driving case is to plead guilty, or | | | | speed when the DUI case is particularly weak. Like a |
| no contest, to DUI with negotiated consequences. In | | | | dry-reckless plea, an offer to reduce a drunk driving |
| some cases, a prosecutor may be willing to reduce | | | | charge to exhibition of speed is a bargain in the true |
| the DUI from a felony to a misdemeanor, which is | | | | sense of the word. A driver who pleads guilty to |
| almost always a victory for the client. A savvy drunk | | | | exhibition of speed usually only must pay a fine, |
| driving defense lawyer may also be able to negotiate | | | | although alcohol education classes may also be |
| the consequences, which means he or she will work | | | | required. It can't be counted as a prior offense in a |
| out a punishment that creates the least amount of | | | | future drunk driving arrest, and no SR-22 filing is |
| disruption in a client's life. | | | | required if the driver wins his or her DMV hearing. |
| Another option is to plead guilty to alcohol-related | | | | Having a DUI / DWI charge reduced to a mere traffic |
| reckless driving, also called a wet-reckless charge. The | | | | infraction, such as speeding or unsafe lane change, is |
| benefits of a wet-reckless charge are that there are | | | | sometimes possible. Obviously, this is the best possible |
| no mandatory license restrictions or alcohol education | | | | outcome. The driver need only pay a fine, and may |
| classes required. An SR-22, or formal proof of | | | | even be able to attend traffic school to remove the |
| insurance, won't be required unless a driver's DMV | | | | citation from his or her record. There is no requirement |
| hearing is unsuccessful. There may also be benefits | | | | for an SR-22 or alcohol education courses, and the |
| for those who have professional licensing issues, such | | | | driver walks away without a criminal record. |
| as doctors, psychologists, and real-estate agents. | | | | Because plea bargains are complex negotiations, any |
| However, pleading guilty to a wet-reckless charge | | | | individual facing a drinking and driving charge is |
| means that if the driver is arrested on another DUI | | | | well-advised to seek the counsel of a skilled DUI / DWI |
| charge within 10 years, the conviction will count as a | | | | criminal defense lawyer. An attorney who specializes |
| prior offense, meaning enhanced punishment. Also, | | | | in drunk driving defense may be able to negotiate a |
| insurance companies view wet-reckless as the same | | | | plea bargain to a lesser charge, and broker more |
| as a DUI conviction, which likely means higher | | | | favorable consequences for a driver facing a DUI |
| premiums. | | | | charge. |
| An even better option is to plead guilty to reckless | | | | |