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