Helping Drivers Reach the Best Possible Outcome After a DUI
While we at The NoVa Law Firm would love to say that every client wins his or her DUI (driving under the influence) or DWI case, that simply is not the reality. After we exhaust all options to defeat the drunk driving charges against you, we may reach a compromise with a prosecutor which could allow you to opt for a “wet reckless”, or alternative outcome of a DUI case.
What is a “Wet Reckless”?
“Wet reckless” is a term for a reckless driving conviction when alcohol was involved. Sometimes prosecutors use this as a plea option when they may not have sufficient evidence to convict for a true DUI.Sometimes a defendant may take this option because it’s a guaranteed way to avoid a DUI and, as such, it can be an optimal outcome for a person charged with driving under the influence.
A “wet reckless” carries fewer penalties than a DUI, and allows you not to have a DUI on your criminal and DMV record. When you opt for a “wet reckless” over DUI conviction, possible penalties include:
- Loss of license for up to six months (as opposed to 12 months for a DUI)
- Reduced fines
- Likely avoidance of any jail time
- Enrollment in VASAP – Virginia Alcohol Safety Action Program (this is what makes the case “wet”)
The penalties for a “wet reckless” are less severe than those of a DUI. “Wet reckless” saves you from having to get an ignition interlock system installed on your car, which would happen if you were guilty of a DUI. You also will walk away from your case without a DUI on your record, which is important because subsequent DUI and DWI penalties will increase in severity.
The Specifics of a “Wet Reckless” in Virginia
“Wet reckless” agreements are not always available and may depend on your geographic area, your prosecutor, or even the judge assigned to your case. A prosecutor may not offer you this option, so it is important to retain legal counsel to represent you in this matter. Also, “wet reckless” is only an option for those facing a first DUI offense.
Your Fairfax DUI lawyer will be able to review the facts of your case and the evidence the prosecution has against you to determine if a “wet reckless” plea is a favorable option for you. Many times these results come from DUI cases where the BAC is just barely over the legal limit such as .08, .09 and (sometimes) .10.If your BAC is over a .10 but the prosecutor is offering a “wet reckless” then something is most likely seriously wrong with the prosecutor’s case and you may want to give serious consideration to going to trial and winning the case outright instead of taking a “plea bargain.”
Knowledgeable Legal Counsel on Your Side
Attorney Eric Clingan has nearly 20 years of experience in representing clients in Northern Virginia against DUI, DWI and reckless driving charges, and he is ready to fight for you. Eric and The NoVa Law Firm is just a five minute walk from the Fairfax County Courthouse and minutes from Arlington, Alexandria, Prince William and Loudoun County courts. Call The NoVa Law Firm at (703) 352-9347 for your DUI, DWI or reckless driving case, or contact us online today to schedule your free consultation.