Mar 24, 2015

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Wet Reckless in Plea Arrangements

You are charged with driving under the influence (DUI) in and it seems that there is a wall of evidence against you. Your lawyer is advising you to make a “wet reckless” plea. What is that?

A wet reckless plea is admitting that you were driving after having had a few drinks. The formal description for this plea is “reckless driving with alcohol involved.” The conditions for a typical wet reckless plea is that the blood alcohol content (BAC) level was just at or slightly lower than the legal limit, the driver had no prior DUI charges or convictions, and there was no accident. A wet reckless plea is a lesser offense than a DUI and usually results in lower fines, no prison time, and no criminal record.

Some states are neutral about wet reckless pleas. There are no laws pertaining to such pleas, which mean that a good DUI lawyer can make a case for you. However, it can be hard to pull it off if your lawyer is not experienced in criminal defense. There is a lot of pressure on prosecutors to crack down on DUI, so they will not be willing to agree to a lesser charge unless the lawyer is very convincing.

In Texas, the situation is different. About a dozen states specifically prohibit against a wet reckless plea, and Texas is one of them. A driver charged with driving while intoxicated (DWI) in Texas faces particularly harsh punishment. However, according to the website of Brent Horst, Attorney at Law, a savvy criminal defense lawyer can still work out a way to reduce penalties for a DWI, such as probation.

It would be better to avoid a conviction, of course, but you will usually need a good lawyer to do that. Because of the potentially damaging and long-term consequences of a DUI or DWI conviction, drunk driving defense should be a priority for you.

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