Does Michigan Have a Wet Reckless for Drunk Driving Charges?

Michigan Does Not Have a Wet Reckless Law

The term, “wet reckless,” is used to describe a reduced plea arrangement made by a driver arrested for driving while intoxicated in California. A wet reckless is a type of plea reduction under California Vehicle Code § 23103.5, which states:

If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152 , the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense.  The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.

A wet reckless can be used to enhance a second or subsequent drunk driving charge if you are ever arrested for drink driving again in the future.

You may still be able to get your Michigan OWI reduced to a reckless driving. The added benefit is that a Michigan reckless driving cannot be used to enhance a second or subsequent drunk driving charge. But if your Michigan drunk driving charge is reduced to a reckless driving, it is not a "wet reckless," and that's a good thing!

 

 

 

Attorney William J. Maze

Attorney William J. Maze
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  • Former President — CDAM 2014–2015
  • Former Adjunct Professor of Forensic Science
  • Member — National College for DUI Defense
  • Board Member — Michigan Association of OWI Attorneys

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