You may be able to get a DUI reduced to a reckless driving charge if this is your first time being charged with DUI or if your arrest involved improper conduct. Our criminal defense lawyer can review your case and see if any factors might allow you to argue for a lesser charge, such as wet reckless driving.
What is a Wet Reckless Driving Charge?
An alcohol-related reckless driving charge, also known as a “wet reckless” charge, carries less severe consequences than a standard DUI. In some instances, our team might be able to secure a plea bargain agreeing to a wet reckless charge, but it will depend on the circumstances of your arrest.
What Factors Are Considered to Get a Wet Reckless Charge?
It can be difficult for an individual to get a DUI charge reduced to a wet reckless charge on their own. However, our criminal defense team understands what factors might influence a prosecutor to accept a plea bargain for the reduction.
These determining factors include:
- Whether this was your first time getting charged with DUI or if you had prior convictions
- Whether your blood alcohol content (BAC) level was .08% or higher at the time of your arrest
- Whether your DUI arrest involved an automobile accident that led to injuries or property damage
- Whether you have a history of criminal or traffic offenses
- Whether you’re facing other charges as part of your arrest, such as violating open container laws or resisting arrest from a police officer
An Unlawful Arrest Can also Lead to a Wet Reckless Charge
In some cases, a defendant can have their DUI reduced if they can prove their arrest or questioning was unlawful. Our team can review footage of how your arrest took place and question you about your arrest to determine if your rights were violated in any way.
We may be able to have your DUI charges reduced if:
- You were pulled over for an unlawful traffic stop.
- The breathalyzer test you took was not correctly
- You were not given a proper blood, urine, or breathalyzer test.
- Your BAC level was below .08% (or .04% for commercial drivers).
- You did not show signs of being under the influence, based on the camera footage of your arrest.
- You were not read your Miranda’s rights before being questioned.
Other factors not listed here may pertain to your case. Our team will investigate your situation and guide you accordingly.
Why Would I Want a Wet Reckless Charge?
A wet reckless charge has lower consequences than a DUI. As you may already understand, a DUI charge can lead to driver’s license suspension, jail time, and fines. It can also affect your personal life, in that it can:
- Place a permanent stain on your driving record
- Make it difficult for you to find employment or buy a house
- Change your social status or even ruin personal relationships
- Restrict your ability to vote or present new obstacles to regain voting rights if you receive a DUI felony conviction
Consequences of a Wet Reckless Charge
A wet reckless driving charge is a lesser charge, but there are still penalties. In some cases, you might be able to avoid driver’s license suspension (not always), or your insurance rates might not increase as much as they would have for a DUI charge.
A criminal defense attorney from our law firm may be able to negotiate lesser penalties, such as:
- A minimum fine of $200
- Possible (though unlikely) jail time of up to 90 days
- Four points on your driving record
- Possible six-month license suspension for a first offense
- Alcohol education or treatment
A DUI Lawyer from Our Team Can Help You Fight For a Wet Reckless Driving Charge
Our criminal defense team cannot simply ask for a reduction in your DUI charges. We will have to establish the reason for reducing your charges. As mentioned, our team will investigate whether your arrest was unlawful. These are some questions your DUI lawyer may ask:
- Was the arrest, traffic stop, and breathalyzer or blood test legal?
- Did the police make any errors during your arrest?
- Did the police suppress any evidence obtained as a result of those errors?
Our team may also be able to collect evidence to support your claims, such as:
- Video footage of the arrest from the police, other witnesses, or surveillance footage
- Eyewitness testimony
- Lab test results
The Team at McKenzie Law Firm, P.C., Wants to Help You Reduce Your Charges
If you are facing a DUI charge and want legal help to potentially reduce it, call McKenzie Law Firm, P.C., at (610) 991-7219 for a free case review. Find out what our criminal defense team may be able to do for you. We may be able to help you reduce your DUI to a reckless driving charge. Call now to get started.
