San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
  • Investigative Considerations
  • Miranda Warnings
  • Pretrial Motions
  • Plea Bargains:
    • Felony vs Misdemeanor DUI
    • DUI Pleas
    • Wet-Reckless
    • Dry-Reckless
    • Exhibition of Speed
    • Traffic Infractions
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

Dry-Reckless

California DUI cases may be settled based upon a variety of DUI plea bargain. Sometimes, California defending driving under the influence (DUI), or driving while intoxicated (DWI) cases are settled where the accused admits to drunk driving, either a violation of California Vehicle Code Section 23152(a) or Section 23152(b). In those DUI cases, the consequences may be negotiated, but the accused will have a DUI conviction on their criminal and DMV records.

Prosecutors sometimes offer a DUI plea bargain to a defendant in a California DUI case. In some drunk driving cases, a plea bargain is a favorable outcome, while in others it is better to take the case to criminal DUI trial. It is vital that anyone considering a DUI plea bargain speak to an experienced California criminal DUI defense lawyer before entering such a plea.

One possible plea agreement in a California DUI case is to plead guilty to a reckless driving unrelated to alcohol, also known as dry-reckless (non-priorable as a California DUI). Pleading guilty to dry reckless is a guilty plea to lesser charge in a criminal DUI case.

A plea bargain should be a bargain for both sides. The prosecutor saves the effort of taking the case to a criminal DUI trial. The defendant should receive a reduced charge or diminished consequences.

Pleading guilty to dry-reckless is considerably lesser charge than being convicted of driving under the influence (DUI), or driving while intoxicated (DWI) in a violation of California Vehicle Code Section 23152. Unlike drunk driving or wet-reckless charge, dry reckless generally carries only probation and a much smaller fine than in a driving under the influence (DUI) case. There is no mandatory license suspension and no requirement to file a formal proof of insurance, or SR-22, if the driver is successful at a California DMV hearing. However, the court may require the driver to attend alcohol education classes.

A dry-reckless plea is not priorable as a California DUI, if the driver is again arrested on suspicion of DUI within 10 years of the previous arrest.

The option of pleading guilty to to lesser charge such as dry reckless is most often offered when the driver's blood alcohol content (BAC) is close to the legal limit of 0.08 percent. As with wet-reckless and some DUI convictions, dry-reckless is a misdemeanor; however, it carries far fewer penalties than more serious driving under the influence (DUI) charges.

Pleading guilty to a dry reckless is generally an excellent option for a California DUI defendant. A California criminal drunk driving defense lawyer can determine whether a plea agreement is the best possible outcome in a California DUI case.

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