“Dry Reckless” Plea Bargains In Los Angeles DUI Cases
Driving under the influence is a dangerous crime, and even if the driver does not bring any harm to themselves or others, it can still lead to lifelong consequences. However, drivers who are charged with drunk driving have options available to them which may help to reduce their charges. If you have been charged with a DUI in L.A. County, it is imperative to speak with a Los Angeles reckless driving attorney from Braden & Tucci to learn which options are best for you.
How Vehicle Code 23103 VC Can Help Defendants Accused Of Drunk Driving
The term “dry reckless” describes a situation in which drivers charged with a DUI reduce the charges down to Vehicle Code 23103 VC reckless driving, without any indication on the record that alcohol or drugs were involved in the arrest. This charge is a moving violation that is applied in cases where a person is driving in a manner that shows flagrant disregard to the safety of other drivers.
Dry reckless and wet reckless are two different types of reckless driving offenses. “Wet” reckless involves alcohol or drugs and “dry” reckless does not. A dry reckless charge is a misdemeanor, but it is less serious than a DUI. While a wet reckless is better than a DUI, a dry reckless is better than both.
A “dry reckless” charge is levied under California Vehicle Code Section 23103. Penalties upon conviction may include probation, fines and possible jail time. However, the penalties and fines are much less severe than those associated with a DUI.
To accept a plea bargain for a dry reckless, a person must plead guilty to the charge. Even with a dry reckless plea, two points are added to the driver’s driving record. However, there are many other advantages to a dry reckless plea. Here are some of the most common questions we receive about dry reckless pleas:
How To Get A Dry Reckless Plea In California?
Getting a dry reckless charge is not an easy task. Prosecutors generally hesitate to reduce a DUI charge to a dry reckless because it isn’t a priorable offense.
First-time offenders are more likely to get a dry reckless charge than others who have been convicted for one or more DUIs in the past.
To be offered a dry reckless charge, the driver must meet the following criteria:
- The driver’s blood alcohol concentration (BAC) was less than 0.08%
- There are serious flaws in the prosecution’s case
What Are The Pros Of A Dry Reckless Charge?
- Shorter jail sentence.
- For a dry reckless charge, drivers could potentially get a maximum of 90 days, but for a DUI charge, the minimum jail sentence is six months. Also, a dry reckless sentence does not automatically increase with each subsequent conviction.
- Fewer fines and fees.
- The maximum fine for a DUI is $1,000, and the minimum fine of $390. The maximum for a “dry reckless” is also $1,000, but the mandatory minimum fine of $145.
- Shorter time in alcohol program or no time at all.
- Drivers who are convicted of DUI in California are required to complete a minimum three-month alcohol and/or drug program, but in the event of a dry reckless plea bargain, they may not be required to attend a program at all. And even if one is required, it is likely that it will just be a six-week program.
- Less of an increase in car insurance premiums
- No mandatory license suspension.
- Does not count as a prior DUI conviction.
- If the driver is arrested again for DUI within the next ten years, this will not result in a prior conviction on your record because a “dry reckless” is not associated with drugs or alcohol. Penalties and fines for a prior DUI conviction are even more substantial than a first-time offense.
- Shorter probation period.
- For a dry reckless conviction, probation generally only lasts one or two years, while probation for a DUI can last between three and five years.
Can A Title 17 Violation Help With My DUI Case?
If a driver is stopped on suspicion of a DUI, and blood, breath, and urine tests are administrated by law enforcement, the officer must follow the Title 17 procedures. Title 17 is meant to ensure that chemical tests for DUIs are accurate and a violation of any of the procedures can produce inaccurate tests. Essentially, if the Title 17 rules are not followed, this could lead to a possible defense to the DUI charges.
There are many rules that the officer must follow to avoid a Title 17 violation. These violations may include:
- The officer did not wait 15 minutes prior to the test to ensure that the driver did not eat, drink, smoke, vomit, or regurgitate.
- The breathalyzer was not calibrated properly.
- Breathalyzers must be calibrated every ten days or 150 uses, whichever comes sooner.
- The tests were administrated more than three hours after the arrest.
- The defendant was not properly advised of their rights.
- The person drawing the blood was not an authorized technician.
- The draw site was not sterilized with a non-alcoholic cleaner.
- The blood sample was not properly stored.
- The breath sample comes from deep lung air.
If a driver has been charged with a DUI and chemical test results are part of the evidence against them, then there is a possibility that a Title 17 violation has occurred. If this is the case, this violation could discredit the results. A skilled California DUI defense attorney can investigate the possibility of a violation which can reduce the charges.
How Can A Los Angeles DUI Attorney Help Obtain A Dry Reckless Plea?
If you or a loved one has been arrested for a DUI in the Southern California area, it is a good idea to get in touch with a skilled DUI defense attorney from Braden & Tucci. Your lawyer can work diligently to get the DUI charge reduced to a dry reckless and save you a good deal of money in the process.
Dry reckless plea bargains are usually obtained through a process of negotiation with the prosecution. Our skilled lawyers have years of experience reducing the charges in a DUI case. Let us help you fight – or negotiate – your case and work towards avoiding conviction for a DUI. To learn more about your legal options, contact the reputable attorneys of Braden & Tucci by calling (213) 935-7550 today.