Skip to main content

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

Fremont, CA |

Low bac.... Not on probation

Attorney Answers 7

Posted

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

Mark as helpful

7 lawyers agree

Posted

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.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

Mark as helpful

6 lawyers agree

Posted

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.

Mark as helpful

8 lawyers agree

Posted

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
>

Mark as helpful

5 lawyers agree

Posted

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.

Mark as helpful

5 lawyers agree

Posted

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.

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

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.

Mark as helpful

2 lawyers agree

DUI court topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics