DUI 0.9 difference between Wet and Reckless and DUI

Question: I got pulled over for no plate light in Reseda, CA on new car had dealer plates driving on suspended license paying the fines this week i was charged with dui in Van Nuys. I took blood test. The officer said i blew 0.9 just over legal limit. charged with 14601 AND DUI in Van Nuys, CA. What is the difference between a wet reckless and a DUI?

Answer: Was your tail light actually working, or was it out? That is a good starting point. First, questionable stop. Second, no actual bad driving. There are a lot of variables here (ie. blood results, compliance with title 17 throughout the process, etc). Also, why was your license suspended? Prior DUI, not paying traffic tickets?  That can make a difference even  though both can be charged as separate misdemeanor.  Generally speaking a suspended license based on prior DUI conviction (VC 14601.2) will have more potential severe consequences than a VC 14601.1 (ie.  License suspended based on failure to appear for a traffic ticket, or some variable of that).

A wet is basically a lower version of a DUI. Usually has lower fines and probation period, and perhaps lower alcohol class requirement. Also, in Los Angeles County, required IID with DUI, not with Wet Reckless. Some employers have issues with DUI’s but are more forgiving with Wet reckless convictions. Also, no automatic license suspension with a wet, although you still have the DMV to worry about on that (be sure you or your attorney requests a DMV hearing within 10 days from the arrest).

Cal me at 818-336-1384 to discuss in more detail.


Phil Hache
DUI & Criminal Defense Lawyer