Contact Us

Practices > Riverside and Orange County DUI Lawyers > Lesser Charges

Criminal Defense Lawyer Serving all of...
Riverside, Los Angeles, Orange, San Bernardino & San Diego Counties

When working up a client’s case, the defense attorneys at WILL & WILL, LLP are looking for factors in aiding a dismissal or reduction of the initial charge. In some cases, this may not be possible. However, in those where it is, we will find a way! Between a dismissal and a plea to the original charge exists several options. Each lesser offense carries with it fewer probation requirements and thus fewer penalties and responsibilities for our clients to be worried about. The following are some possible available lesser offenses that a DUI may be reduced to:

Wet Reckless

The first step down from a DUI plea is a "wet reckless." This refers simply to alcohol-related reckless driving. Although a wet reckless is a better outcome than a DUI plea for many reasons, under the law, the actual difference between the two is minimal. Generally, a plea to a wet reckless will incur less fines, often a lesser amount of time spent in an alcohol education program, and if it is your first offense, usually no jail or other type of confinement time. In addition, a wet reckless may appear better than a DUI for insurance purposes as well as for those who drive a company car.

Also, while a DUI always sounds better than a wet reckless, there are certain things you should know when you agree to this type of lesser charge. First and foremost, a wet reckless can be used as a prior alcohol-related driving offense the same way as a DUI if you were to receive another one within ten (10) years. This means that if within ten (10) years following a wet reckless conviction you were to be arrested and found guilty of another alcohol-related driving offense, it would still be treated as a second offense. Also, from the DMV end, because the DMV is a separate entity from the courts, a plea to a lesser offense in the courts does not change any outcome with regard to the DMV hearing. The DMV hearing will independently determine the status of your license and ability to drive.

Dry Reckless

Stepping downward from a wet reckless, is the lesser offense known as a dry reckless. Dry reckless means exactly what it sounds like: non-alcohol related reckless driving. Obtaining a reduction in charge from a DUI to a dry reckless is a major improvement. While the goal for all DUI defense lawyers is to obtain an outright dismissal of all charges for their clients, sometimes (depending on the facts of each case) that is an unrealistic goal. If your WILL & WILL, LLP attorney can negotiate a plea to a dry reckless, we consider that to be a victory. However, for this to happen, the facts usually have to be on your side. The District Attorney’s office and the courts always prefer to have an alcohol related conviction in these situations in the event that the same thing happens to you down the road.

Traffic Violations

When a DUI case is viewed as a potential “loser” at trial for the prosecution, it is possible to get them to agree to a plea to one or two moving or sometimes even non-moving violations under the vehicle code. These types of pleas are to infractions, rather than misdemeanors, and obviously the most preferable outcome next to an outright dismissal. The only punishment that can be associated with “movers” are fines, and even those are capped and thus cannot be nearly as high as the fine in a DUI plea.

Call or fill out our online contact form to discuss your case and the possibility of obtainig a reduction in the charges with a knowledgeable and experienced WILL & WILL, LLP attorney today.

Contact us Today for a FREE Consultation

Practice Areas