If you have been arrested for DUI in Colorado, it may be possible to have the charge reduced to a reckless driving charge, specifically called “wet reckless.” This option is only available if the prosecution offers such a plea bargain, which means you cannot be directly arrested or charged with this type of reckless driving offense.
The following are several benefits of being charged with wet reckless compared to a DUI in Colorado:
Less jail time – Getting convicted of a first-time DUI is punishable by a maximum jail sentence of one year. On the other hand, a wet reckless conviction carries a jail term of up to 90 days.
Cheaper fine – A first DUI conviction can result in fines of up to $1,000, while a wet reckless conviction can lead to a maximum fine of $300.
No driver’s license suspension – While you still may have to serve your driver’s license suspension for failing or refusing a post-arrest chemical test, a conviction will not result in further suspension. By contrast, a first-time DUI conviction carries a driver’s license suspension for up to one year.
However, obtaining a wet reckless plea agreement is difficult – even if this is your first DUI offense. According to Colorado law, the District Attorney generally does not offer such a plea deal unless the prosecution has difficulty proving your guilt beyond a reasonable doubt.
Some reasons you could obtain a plea agreement include:
Your blood alcohol content (BAC) was at or just below the legal limit of .08 percent
There are issues regarding the breath or blood test results
There are issues regarding probable cause or reasonable suspicion
Involuntary intoxication
In order to either obtain a wet reckless plea agreement or even have your entire case dismissed, you must hire an experienced criminal defense attorney. Orr Law Firm has handled thousands of criminal cases – including many DUI cases – and is known as one of the state’s premier defense firms.
Arrested for DUI in Denver? Contact us today at (303) 747-4247 for a free initial consultation. Offering legal services in English and Spanish!