I got a "wet and reckless" in WA...moved down to California...and got a DUI three weeks ago...would this count as my second DUI?

Asked almost 5 years ago - Upland, CA

I completed a alcohol program in WA...would my current DUI count as my first DUI or second?

Attorney answers (4)

  1. Lynn Gorelick

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Depending on how the conviction in Washington appears, there are potential consequences from the DMV as well as the court. However, California law does not allow a "wet reckless" conviction for purposes of priorability, you need to have an attorney review the documents associated with and language of the Washington statute.
    DMV will generally use an out of state conviction for enhancing suspension times. You should contact an attorney who has expertise in the DUI area immediately.

  2. Amy Treanor Morell

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I agree with the two answers posted. You should go to www.California-DUI-lawyers.org to get a free consult.

  3. Robert Lee Marshall

    Contributor Level 20

    Answered . In California, the term "wet reckless" is commonly used to describe reckless driving with alcohol involved, Vehicle Code 23103/23103.5. A conviction under this statute counts as a prior conviction if you get a DUI within ten years.

    In order to determine whether it counts as a prior conviction in California, your attorney will have to review the Washington law to determine whether it contains all of the elements of a "wet reckless" in California.

    For instance, some New Mexico DUI convictions don't count as a prior in California because you can be convicted in NM if you are in a parked car with the keys available. In California, there has to be some evidence to show you actually drove the vehicle, even if it was only an inch.

    Your attorney will have to review the exact statute under which you were convicted to determine whether your Washington conviction is the equivalent of a California "wet reckless."

  4. Linda Medeiros Callahan

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . There is no such thing as a wet reckless in WA. We have a reckless driving, but the elements of the crime do not include proof of alcohol or drug consumption/impairment. In WA, when looking at an out of state conviction, to be a prior, it has to have elements that mirror the WA elements. If CA defines a reckless driving with an element of alcohol or drug consumption, the WA reckless would not be an equivalent, perhaps. Because of this, your WA DUI may or may not be considered a prior conviction under CA state law. I do not practice in CA, so you should seek an attorney skilled in DUI defense in CA. I recommend looking at NCDD.com, the National College for DUI Defense to find an experienced DUI lawyer.

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