If you’ve never been charged with drunk driving before – much less been involved with the criminal justice system – you have to learn a lot of new terminology very fast.
One of those new phrases you may hear is the term “wet reckless.” While it’s not an official legal designation or charge in Virginia, this phrase is still often used to describe a certain type of plea agreement that some defendants are allowed make with the prosecution after initially being charged with driving while intoxicated (DWI).
What’s the difference between a “wet reckless” plea and a DWI conviction?
Essentially, “wet reckless” is an informal term to describe a plea deal where a DWI charge is reduced to a reckless driving offense and the involvement of alcohol is noted in the record.
In Virginia, that means that instead of being convicted under the state’s drunk driving statute, you would be pleading guilty to an offense under Virginia Code § 46.2-852, instead, which relates to reckless driving. Reckless driving is generally defined as operating a motor vehicle in a way that endangers the life, limb or property of another.
In practical terms, the penalties are somewhat similar. You still have to pay fines and court costs, you’ll still have a significant number of “points” put on your license, and you’ll still have that record on your license for more than a decade. The only major advantage to the penalties involved is that the license suspension for a wet reckless is shorter than that for a DWI.
However, reckless driving is still considered less severe than a conviction for drunk driving – especially when it comes to background checks. A reckless driving conviction does not specifically show up on your driving record or background check as an alcohol-related offense. A wet reckless is also not generally considered a “prior” if you ever get involved in a similar situation, and that can help you avoid sentence enhancements in the future.
Ultimately, the decision to pursue a plea for a “wet reckless” instead of fighting the DWI charge is one that you should make in consultation with an experienced attorney. Both avenues are valid approaches to a DWI charge – but both have their challenges, as well.