Facing DUI Charges And Hoping To Get Your Charges Reduced To A Wet Reckless? If You Were Charged With A DUI in Colorado You ONLY Have 7 DAYS to Request A DMV Hearing.
A wet reckless charge in Colorado is an ideal charge when compared to a DUI or DWAI, but usually, you need to have your charges reduced in order to face a wet reckless. A plea offer can sometimes be challenging to secure even for first-time offenders, but it’s often worth hiring a lawyer to keep a DUI or DWAI off of your driving record.
Colorado does not arrest or charge a person for charges of wet reckless driving. This is a term that is put in place for specific plea deals for DUI and DWAI offenders where the charges are pled down. During a plea bargain, you may be offered a wet reckless, which is a form of reckless driving.
Here’s What You Need to Know About Wet Reckless Charges in Colorado:
As part of a plea bargain for a wet reckless charge in Colorado, you’ll be required to plead guilty to reckless driving and will be required to:
The term “wet reckless” is used because you’re agreeing to a reckless driving charge, but you’ll also need to take education classes on alcohol. Your charge is not a DUI or DWAI in this case, so it is very beneficial, even if you have to attend additional classes to satisfy your end of the plea agreement.
An attorney dealing with wet reckless deals in Colorado is the best source of information when determining if it’s possible to have your charges reduced. While this plea bargain is available, it is very difficult to obtain due to state laws.
The District Attorney (DA) will only offer a wet reckless plea if they are unable to prove a “prima facie” case against you for DUI – in other words, if there is a problem in your case that will make it difficult for them to take the case to trial. Usually this only happens if there is a faulty test, faulty procedures, or an officer is permanently unavailable.
What does this mean for you?
A wet reckless plea is unlikely in many cases unless the DA believes that the court may not convict you on DUI or DWAI charges. As a motorist, the risk is a calculated one because you have nothing to lose when fighting for a lower charge.
If the DA doesn’t agree to a wet reckless, your charges will be the same.
A few important factors to consider are:
The District Attorney will use several factors when deciding whether or not your charge can be lowered to a wet reckless. A few of the main factors that will be considered, aside from if the DA can prove your charges, include:
Lack of evidence of impairment will still remain a key factor in the DA’s decision, but it will not be the only factor considered. Multiple factors can be examined by a lawyer and brought to the attention of the District Attorney, which may lead to lowering your charges to wet reckless.
Reckless driving convictions are still very serious charges, but they’re more favorable than a DUI or DWAI conviction. Under state law, reckless driving is defined as:
“A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property commits reckless driving, which is a class 2 misdemeanor traffic offense.”
The charge is a Class II misdemeanor, which is still considered a major traffic violation.
However, when compared to a DUI or DWAI, a reckless driving charge has several advantages. The key benefits of wet reckless charges are:
You will have to attend an alcohol education class and may be required to pay fines, but the penalties are far less severe than the alternative.
Wet reckless in Colorado has many advantages. When the District Attorney is unsure if you’re guilty of a DUI or DWAI beyond a reasonable doubt, they may offer to reduce your charges to a reckless driving charge.
Frequently Asked Questions
Since a wet reckless is offered as a reduction to DUI charges, it is very clear that it is much better to have on your record. If you are convicted of reckless driving, you will still have to face the penalties and will likely have to take alcohol classes, but you will avoid having a DUI on your record which can be very important for future employment and other prospects.
Yes, in some cases a wet reckless will show up on your background check. Since the charges are not as severe as a DUI or DWAI though, not as many employers will be concerned about these charges. If you are required to drive for a living, however, this still may pose a problem for certain employers.
A wet reckless is sometimes offered as a plea bargain for someone facing DUI charges. If you would like to try to see if getting your DUI charges reduced is a possibility for you, seek assistance from a DUI attorney as soon as possible.
