You're facing DUI charges after having a few drinks at a Norfolk bar and getting pulled over on your way home. Your blood alcohol content tested below Virginia's legal limit of 0.08%, but the police officer still charged you with driving under the influence based on your behavior during the traffic stop. Now your attorney has mentioned the possibility of a "wet reckless" plea bargain.
As a Chesapeake reckless driving defense lawyer, James E. Short has helped many Virginia clients understand their legal options when facing DUI charges. Let’s explore how wet reckless plea deals work and how they differ from standard reckless driving cases.
Considering Wet Reckless as a DUI Plea Option
A wet reckless is not actually a separate offense under Virginia law. Rather, the unofficial term refers to a plea arrangement where the prosecutor agrees to reduce a DUI charge to reckless driving while acknowledging alcohol was involved.
When Wet Reckless Pleas Are Available
Not all jurisdictions allow wet reckless pleas. Those who do typically reserve this option for specific circumstances. The option may be available for first-time offenders whose blood alcohol content was close to but below the legal limit of 0.08%.
Other factors that may support a wet reckless reduction include:
- Clean driving record
- No accidents or injuries involved
- Cooperative behavior during arrest
- Completion of alcohol education before court
Prosecutors have full discretion in offering wet reckless plea deals. Even if all these factors exist, there's no guarantee this option will be available in your Virginia DUI case.
How Wet Reckless Differs From Standard Reckless Driving Charges
Standard or "dry" reckless driving charges stem purely from dangerous driving behavior like excessive speed or aggressive maneuvers. Under Virginia Code § 46.2-852, this includes any driving that endangers life, limb, or property. A wet reckless, while technically the same charge, carries additional requirements because it involves alcohol.
Virginia Alcohol Safety Action Program
When accepting a wet reckless driving plea bargain, you'll likely need to complete the Virginia Alcohol Safety Action Program (VASAP). Under Virginia Code § 46.2-392, judges can require VASAP participation when alcohol is involved in a reckless driving case. The program includes:
- Substance abuse assessment and education
- Group counseling sessions
- Regular drug and alcohol screening
- Periodic progress reports to the court
- Completion of all program requirements before driver’s license reinstatement
Evidence Requirements for Virginia Wet Reckless Cases
Prosecutors rely on different types of evidence when handling wet versus dry reckless cases.
For standard reckless driving, they focus primarily on establishing dangerous driving behavior through radar readings, officer observations, dash camera footage, and witness statements about driving conduct. They may also document road and weather conditions that contributed to the incident.
Wet reckless cases demand a broader scope of evidence. Beyond proving dangerous driving, prosecutors must also establish alcohol involvement through field sobriety test results, preliminary breath test readings, and officer observations of physical signs of drinking. They may present bar receipts or witness accounts of alcohol consumption, along with any statements the driver made about drinking.
Consequences of Virginia Reckless Driving Convictions
Negotiating a wet reckless driving plea bargain in your DUI case can affect several areas of your life.
Criminal Penalties
First-time DUI offenders in Virginia face more severe mandatory penalties compared to wet reckless convictions. A standard DUI conviction carries a minimum jail time of at least five days, a minimum fine of $250, and a driver’s license suspension for up to 12 months. You must install an ignition interlock device (IID) for at least 6 months, even on a first offense.
In contrast, wet reckless charges have no mandatory minimum jail time or fines, though judges can still impose up to 12 months in jail and fines up to $2,500. License suspension typically lasts six months rather than 12, and ignition interlock may not be required, depending on your plea agreement.
Permanent Criminal Record
The long-term effects of a reckless driving conviction vary depending on whether alcohol was involved. Standard reckless driving is a misdemeanor traffic offense and remains on your driving record for 11 years. A wet reckless conviction, while still technically a reckless driving charge, carries additional implications due to the alcohol component. Most importantly, it can count as a prior alcohol-related offense if you face future charges.
Car Insurance
Insurance companies may increase premiums for both standard and wet reckless driving convictions. Some carriers may even require drivers to obtain high-risk coverage, with premium impacts lasting three to five years.
Employment
Employment prospects can suffer as well, particularly in positions requiring driving or security clearances. Commercial drivers face especially strict scrutiny for any alcohol-related convictions. Government contractors may need clearance reviews, and many employers conduct enhanced background screening when driving records show alcohol involvement.
Building Your DUI Defense Strategy
Successfully negotiating a wet reckless driving plea bargain requires careful preparation and timing.
Your Chesapeake DUI defense lawyer will typically gather documentation showing your clean driving record, obtain character reference letters, and verify your VASAP enrollment or completion. Medical records may also prove relevant if any health conditions affected your field sobriety test performance or created symptoms that police interpreted as intoxication.
Timing plays a crucial role in plea negotiations. Early enrollment in VASAP demonstrates initiative and responsibility, potentially influencing prosecutors' willingness to offer a wet reckless plea. This proactive approach also ensures you have time to complete program requirements before court dates, strengthening your position during negotiations.