Legal Question in DUI Law in California
Is a wet and reckless the same as a DUI? If you get a DUI and you have had a Wet & Reckless charge, is it considered a second offence as if you were to have had 2 DUI's?
Asked on 2/16/10, 10:26 am
2 Answers from Attorneys
Bruce Kapsack
Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense
The immediate penalty for a wet reckless is less than the immediate penalty for a DUI in most counties. However, if you receive a wet eckless, then ge a new DUI, the new DUI will be a econd offense. Conversely, if you had a DUI tyhen get a wet reckless, it is not a second offense (but the next one will be a thid).
THISONLY APPLIES TO THE COURTS. The DMV has different rules.
Answered on 2/21/10, 10:40 am
Terry A. Nelson
Nelson & Lawless
It is a prior and can be so charged.
Answered on 2/22/10, 12:01 pm
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