Is wet now with a prior dui considered a second dui in court

Asked over 1 year ago - Fremont, CA

Low bac.... Not on probation

Attorney answers (7)

  1. Nicholas Maurice Rosenberg

    Contributor Level 14

    8

    Lawyers agree

    Answered . A wet reckless now means no DUI conviction now. So, the prior DUI does not count as a prior for purposes of triggering required penalties, but might play a role in determining what you are going to be offered. But, as has been pointed out, the converse situation becomes a DUI with a prior, if the prior is a wet reckless and the new case is charged as a DUI. And the other post is correct, after this case you have two potential priors to deal with, subject to the 10 year rule.

  2. Michael Korry Bialys

    Contributor Level 13

    7

    Lawyers agree

    Answered . for the purposes of a second DUI a wet reckless is considered a prior and your second would be considered a second

  3. Matthew Murillo

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . Here's how i understand your question:

    1) You just got arrested for DUI.
    2) You have a prior DUI that was reduced to wet, within 10 years from the date of arrest of the current one, for a grand total of 2 DUI arrests.
    3) You are now being offered a "wet" again for the current DUI charge, instead of the "DUI" conviction?

    If that is the case:

    No. If you are convicted of a Wet, then it is considered a Wet by the Court. HOWEVER, both are considered prior DUI's. My guess is there might be something in the evidence that makes the DA believe that they cannot get a DUI conviction - maybe the BAC level maybe doesnt meet the .08 threshold for the 23152(b) violation, or the alleged symptoms of intoxication. So it wouldnt be a second DUI NOW, but it would potentially be 2 DUI priors if you get another DUI.

    Be careful about accepting a wet with a low BAC, depending on how low it is. It may not be a good idea to do so depending on how the rest of the case looks, because it would effectively give you the equivalent of 2 prior DUIs if you do get arrested on suspicion of DUI again.

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  4. Michael Jon Fremont

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . it is not however it will be considered a second for prior ability purposes
    meaning your next one will be a 3rd you will also be required to do a9
    month alcohol program
    >

  5. Bobby Glenn Bell

    Contributor Level 8

    5

    Lawyers agree

    Answered . This sounds like you just got arrested for driving with a low blood alcohol content and you were convicted of a DUI previously. If that is the case, you will be charged with a second offense DUI because no one is ever initially charged with a wet reckless on the complaint. The D.A. might be persuaded to reduce the new DUI to a wet reckless if the BAC is low. If you are asking if a wet reckless will count as a prior DUI if you pick up a third case within ten years, the answer is yes.

  6. Yashdeep Singh

    Contributor Level 4

    3

    Lawyers agree

    1

    Answered . Though there are many benefits to receiving a reduced charge of "wet reckless," it would still be counted as a DUI conviction in the event you are charged with another DUI within the next ten (10) years. Upon a FOURTH or subsequent offense within 10 years, a misdemeanor DUI is converted to a felony.

  7. Mark Lawrence Deniz

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . A "wet reckless," it would still be counted as a DUI conviction in the event you are charged with another DUI within the next ten (10) years. The priorability of the west is the biggest asset for prosecutors because if a person re offends they treat it as a second conviction.

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