If you are facing DWI charges but your blood alcohol level was at or near the legal limit, your DWI lawyer may try to plead for a wet reckless charge so you do not face the harsh consequences of a DWI. Darren DeUrso, Attorney at Law is a criminal attorney in White Plains who will evaluate your charges, answer your questions, and help you fight for the best possible outcome for your case.
Call 914-772-8614 to schedule a consultation with a DWI lawyer. You can also learn more about DWI defense strategies by visiting http://dui-lawyers.usattorneys.com/.
What is a wet reckless charge?
“Wet reckless” refers to driving infractions that are less serious than DWI charges but still involve alcohol. Because wet reckless is a less serious charge, it carries less severe penalties.
When might a prosecutor agree to a wet reckless plea?
In DWI cases, New York law prohibits bargaining for lesser charges when the defendant registered a BAC that was more than 0.08; however, under §1192 (10)(a)(i), arranging a plea bargain for a wet reckless charge is up to the prosecutor’s discretion if the motorist’s BAC was at or near the legal limit.
Ultimately, the likelihood of the prosecutor agreeing to a plea bargain depends on the circumstances surrounding your case, but it typically hinges on your BAC at the time of the arrest. If you registered a BAC of 0.08 or less but have a previous DWI conviction, the prosecutor may be less likely to accept your plea bargain.
What are the benefits of pleading for wet reckless instead of DWI?
As the New York State Department of Motor Vehicles explains, the penalties for DWI can be severe. They include fines, jail time and a lengthy license suspension.
The penalties of a wet reckless conviction are less severe and do not include a mandatory jail sentence. Wet reckless convictions also come with a shorter probation period and lower fines, which are far more manageable for most defendants.
What are the drawbacks of pleading for a wet reckless charge?
Although a wet reckless conviction carries with it less severe penalties than a DWI conviction, there are still some serious drawbacks to having one on your criminal record. For example, many auto insurance providers treat wet reckless convictions the same way they treat DWI convictions. That means your premiums may increase or your provider may not reinstate your policy at all.
Additionally, the court treats wet reckless convictions as prior DWI convictions if you are arrested for a subsequent DWI offense within the state’s look-back period. In New York, the look-back period is typically 10 years, but it may vary depending on the circumstances of your case and how many prior offenses are already on your record.
If you are facing DWI charges in New York, turn to Darren DeUrso, Attorney at Law. Our office is available 24 hours a day, seven days a week. Call 914-772-8614 to discuss your situation with a White Plains DWI lawyer.