When May You Plea Bargain a DWI to a “Wet Reckless”?

In New York, a “wet reckless” plea bargain refers to a reduced charge that replaces a standard charge of driving while intoxicated (DWI). The term is used informally to describe reckless operation of a vehicle with alcohol influencing the driver’s abilities, but at a level of impairment less severe than what would constitute a DWI charge. 

A DWI conviction is a serious offense that comes with harsh penalties, including substantial fines, possible jail time and a mandatory driver’s license suspension. Moreover, a conviction remains on a person’s criminal record and driving history for many years, which can affect employment opportunities and insurance rates. 

Opting for a wet reckless plea bargain offers these advantages compared to a DWI:

• Reduced Criminal Penalties — A reckless driving conviction generally carries lighter penalties, which may include reduced fines and shorter or no license suspension. In many cases, probation or community service can be part of the deal rather than incarceration.
• Lower impact on driver’s license — A defendant may avoid automatic suspension of their driving privileges or at least may face a shorter suspension period.
• Minor criminal record — A reckless driving conviction, while still a misdemeanor, may be viewed by potential employers or educational institutions as less of a stigma than a DWI conviction. 
• Lesser insurance implications — Some insurance companies view a wet reckless differently than a DWI when determining insurance rates. A wet reckless might result in a lesser increase in premiums compared to a full DWI conviction. 
• Avoiding Long-Term Consequences — A reckless driving conviction typically avoids the defendant being required to install an ignition interlock device in their vehicle, to attend alcohol education programs or comply with probation terms related to alcohol use. 

A wet reckless plea is typically offered when the prosecution’s case might have weaknesses or when there is a willingness to negotiate a lesser offense that still holds the defendant accountable for irresponsible driving.

There are several factors that can influence the decision to offer a wet reckless plea bargain, such as the following:

• Severity of the DWI — A plea bargain may not be available in cases involving high blood alcohol concentration (BAC), especially if the BAC is significantly above the legal limit of 0.08%.
• Aggravating factors — Cases involving injuries, fatalities or heavy property damage are less likely to result in a wet reckless plea bargain due to the seriousness of the accident consequences. 
• Refusal of chemical tests — Where a defendant refused to submit to a chemical test (breathalyzer or blood test), a prosecutor may be less inclined to offer a wet reckless plea.
• Prior convictions — Defendants with prior DWI convictions are typically not offered a plea reduction to reckless driving. 

In addition, policies regarding wet reckless plea bargains can vary county to county.

Although a wet reckless plea bargain offers a less severe alternative to a DWI charge in New York, it still carries consequences. As a misdemeanor, reckless driving is punishable by fines ranging from $100 to $300 for a first offense, up to 30 days in jail or both. Subsequent offenses carry heavier penalties. Reckless driving adds five points to the defendant’s driver’s license. In New York, accumulating 11 points within an 18-month period can result in a suspension of driving privileges.

Defendants considering such a plea bargain should weigh the benefits against the potential drawbacks. An experienced New York DWI attorney can help you understand the best course of action based on your particular circumstances.

The Law Office of Maurice J. Verrillo, P.C. of Rochester has wide experience providing strong defenses for New York drivers facing DWI charges. Please call us at 585-563-1134 or contact us online for a free consultation.

By Maurice J. Verrillo | Published October 5, 2024 | Posted in Criminal Law | Tagged Criminal, DUI/DWI, wet reckless | Comments Off on When May You Plea Bargain a DWI to a “Wet Reckless”?