DUI VS. Wet Reckless: What’s the Big Difference?
Ask your Sacramento DUI lawyer on the difference between DUI and Wet Reckless.
Nevertheless, your Sacramento DUI lawyer can help you fight both case.
Mixed up with the many legal terms used in your case? Consult your Sacramento DUI Lawyer on the meanings and differences of these terms.
Two of the most common legal terms used in a DUI case are DUI conviction and wet reckless conviction. Another common term is DWI, which means driving while intoxicated but this term as used on accident in California also refers to DUI or driving under influence of alcohol. However, there is a big difference between a DUI conviction and a wet reckless conviction- wet reckless vs DUI. There is no real law on the books that defines a wet reckless but according to California Vehicle Code 21303.5, a defendant is allowed to make a plea of no contest on a lesser charge of California Vehicle Code 23103 for reckless driving involving alcohol. This means “wet” reckless serves as a plea bargain involving the dismissal of the two drunk driving charges (DUI and .08%) in lieu of a plea of guilty to the reckless driving charge.
What are the benefits that lie ahead once convicted of “wet” reckless instead of DUI? One of these benefits is the reduction of mandatory fines. Likewise, the duration of the mandatory alcohol related classes may be shortened. Ask your DUI Lawyer Sacramento about the jail time and he will inform you that in a “wet” reckless conviction, jail time will probably be eliminated. In most DUI cases, the installation of an ignition interlock device on the person’s car is carried out but in a “wet” reckless conviction, this requirement can be eliminated as well. As you can see, not all of the penalties are eliminated, but these are already good reasons why a “wet reckless” conviction is preferred than a DUI.
However, there are some things that a wet reckless conviction can not do for you. Your “wet” reckless conviction will still be reported to the Department of Motor Vehicles and it will remain on your record for 10 years. This will still be used as a prior offense for up to 10 years should you be convicted of another alcohol related driving offense in the future. The worst part is insurance companies consider your “wet” reckless conviction just the same as DUI, meaning they would not save on your car insurance with the plea bargain.
If you or your loved ones have been charged with DUI, it is important that you speak right away with a DUI Attorney Rancho Cordova or any qualified Sacramento Lawyer who have enough years of experience in handling this serious matter.
DUI as a Felony and a Misdemeanor
Confused? Ask your Sacramento DUI Lawyer on the difference of felony and misdemeanor.
One of the main differences between a misdemeanor and a felony is the penalties involved. In instances where incarceration is involved, a DUI misdemeanor requires incarceration that is to be served at the county jail for one year or less while a DUI felony should be served at the state prison for more than a year.
If you will ask a Sacramento DUI lawyer, basically, a first- time DUI is charged as a misdemeanor and not a felony. However, if a person was injured or got hurt because of the drunk driving accidents, the law permits the prosecutor to charge the DUI case as a felony- and if that injured person dies eventually, the driver faced with DUI can be charged negligent manslaughter or worse, murder in California. And if you have been charged with DUI for the fourth time within a span of 10 years that a driver is convicted for a DUI, the law already enables the prosecution to consider it as a felony. In addition to this, a DUI can be raised to felony if the driver had another one DUI case after a felony DUI conviction, emphasizing that the driver as “at fault” for the traffic collision. But if the driver is only under the influence of alcohol, and is not at fault for the collision, then the driver shall only be charged with a DUI misdemeanor.
Another important thing to consider is the Blood Alcohol Content or the BAC. Should the driver of a commercial vehicle possesses a BAC of .04 percent or more, and causes injury through an illegal act, then he will be charged with a DUI felony. To wrap it up, you can be charged with a DUI misdemeanor if and only if there were no injuries, no extensive property damage and it is your first DUI.
Such charge can lead to legal punishment including fines, probation, driving school, and incarceration. On the other hand, punishment for DUI felony is more extreme and severe. Once convicted of DUI felony, you could serve jail time of more than one year, get probation, pay expensive fines, receive suspension of your driving license from one to five years, or undergo a court-ordered treatment for alcoholism.
If you know someone or your loved one was arrested for DUI, help him or her contact an experienced defense attorney right away. For additional information on DUI misdemeanor and felony, contact a Sacramento DUI Lawyer in your area or schedule a consultation with a DUI Lawyer Stockton.
One of the main differences between a misdemeanor and a felony is the penalties involved. In instances where incarceration is involved, a DUI misdemeanor requires incarceration that is to be served at the county jail for one year or less while a DUI felony should be served at the state prison for more than a year.
If you will ask a Sacramento DUI lawyer, basically, a first- time DUI is charged as a misdemeanor and not a felony. However, if a person was injured or got hurt because of the drunk driving accidents, the law permits the prosecutor to charge the DUI case as a felony- and if that injured person dies eventually, the driver faced with DUI can be charged negligent manslaughter or worse, murder in California. And if you have been charged with DUI for the fourth time within a span of 10 years that a driver is convicted for a DUI, the law already enables the prosecution to consider it as a felony. In addition to this, a DUI can be raised to felony if the driver had another one DUI case after a felony DUI conviction, emphasizing that the driver as “at fault” for the traffic collision. But if the driver is only under the influence of alcohol, and is not at fault for the collision, then the driver shall only be charged with a DUI misdemeanor.
Another important thing to consider is the Blood Alcohol Content or the BAC. Should the driver of a commercial vehicle possesses a BAC of .04 percent or more, and causes injury through an illegal act, then he will be charged with a DUI felony. To wrap it up, you can be charged with a DUI misdemeanor if and only if there were no injuries, no extensive property damage and it is your first DUI.
Such charge can lead to legal punishment including fines, probation, driving school, and incarceration. On the other hand, punishment for DUI felony is more extreme and severe. Once convicted of DUI felony, you could serve jail time of more than one year, get probation, pay expensive fines, receive suspension of your driving license from one to five years, or undergo a court-ordered treatment for alcoholism.
If you know someone or your loved one was arrested for DUI, help him or her contact an experienced defense attorney right away. For additional information on DUI misdemeanor and felony, contact a Sacramento DUI Lawyer in your area or schedule a consultation with a DUI Lawyer Stockton.