Featured News 2012 What is a “Dry Reckless”?

What is a “Dry Reckless”?

While you can’t be arrested for a dry reckless, you can be tried for one in court. A dry reckless always begins as a DUI, DWI, OUI or other alcohol/drug related crime. In some states, this crime can be reduced to a dry reckless if the court determines that the defendant shouldn’t have to suffer the traditional DUI penalties. For example, in California a driver can get a “dry reckless” in a plea bargain. This happens when a criminal defense lawyer bargains with the court and then negotiates with the defendant to admit his or her guilt. In addition for admitting that he or she committed a DUI, the court will issue a lesser sentence.

There are two kinds of DUI reductions: a wet reckless and a dry reckless. Typically, a wet reckless is one step below a DUI. This charge normally still comes with a short amount of jail time, a small fine, and probation. Yet the sentences are typically half to one-fourth what they would be for a first-time DUI. As well, a wet reckless won’t count against the driver should he or she be arrested for another DUI in the future. Most often the court will not impose a license revocation with a wet reckless, and may allow the defendant to go to a shorter DUI class. A typical DUI class is about three months long, and a wet reckless class may only be six weeks long.

A dry reckless is either equal to or lesser than a wet reckless, depending on what state or jurisdiction you are in. Normally, the courts distinguish between dry and wet reckless charges depending on what substances were involved. People who were drinking alcohol can merit a wet reckless. It is also often applied to driving on narcotics or prescription drugs. A dry reckless refers to dangerous driving, but makes no mention of substance abuse or an illegal BAC. In most cases, a dry reckless will not count against you if you are arrested for subsequent DUI offenses.

For example, if you are arrested for a DUI and then issued a dry reckless again, and then arrested again a few weeks later, you will only be tried for a first-time DUI. Subsequent DUIs come with mandatory, harsher penalties, but you may be able to avoid those penalties with the help of a reckless conviction. If you are repeatedly arrested for reckless driving, then the court may choose to sentence you with harsher penalties. Thankfully, the harsher sentences aren’t mandatory.

If you are arrested and charged with a dry reckless, you can only spend up to 90 days in jail. This is much better than a DUI, which merits up to 6 months behind bars in most states. Typically, if you are issued probation on a dry reckless, you will only be on probation for one year. With a DUI, you can be forced to operate on probation for up to five years. You will also see a reduced fine. In California, a driver with a dry reckless can be forced to pay $145.

When that same driver is charged with a DUI, it can cost up to $1,000. In addition to all these benefits, when a person is charged with a dry reckless he or she does not need to give up his or her license. There are times that the court may add this sentence, but it is not mandatory. Also, with a dry reckless you probably won’t have to go to DUI school, because you will not be charged based on how much alcohol you consumed. If you need more information about a dry reckless DUI reduction, then you will want to talk to a local DUI lawyer. You may be able to merit this charge and avoid some of the punishments typically associated with a DUI.

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