Wet reckless is better than a DWI conviction, says Fairfax DUI lawyer

Wet reckless (WR) in Virginia typically means amending a DUI charge to reckless driving generally under Virginia Code § 46.2-852 in exchange for completing the Virginia Alcohol Safety Action Program (VASAP), driving on a restricted license for six months, incurring a jail sentence that is usually all suspended, and paying a fine. As a Fairfax criminal lawyer, I have been able to obtain reckless driving negotiations on DWI blood alcohol cases for breath tests with BAC results as high as 0.16, and improper driving in one instance for for a DWI case with a 0.19 BAC test result.

What do I do for my DUI defense before even considering pursuing a wet reckless result?

Wet reckless is a better disposition than a Virginia DUI conviction, and an acquittal or dismissal is better than both. The best way to avoid any alcohol-related driving conviction of course is to not get behind the wheel after consuming beer, wine or liquor. If you do get investigated for DWI, it is important for you to know your right to remain silent and to refuse field tests and the roadside preliminary breath test (as distinguished from the post-arrest mandatory breath test (or blood test if directed)). If you get charged with a DUI offense, then it is time to fully defend yourself, with the assistance of a qualified Virginia DUI lawyer.

How do I increase my chances at a WR disposition?

Before Virginia appellate caselaw limited judges’ ability on their own to amend a DUI charge to a reckless driving charge, with some judges that was a possible path to a wet reckless disposition. Short of a judicial amendment to WR, the only other path is a negotiation with the prosecution where a reckless driving charging document is not part of the prosecution. This is where I repeat that preparing one’s criminal defense to settle is more likely to make the case go to trial, and preparing it to go to trial is more likely to make it settle. Essential Virginia criminal and DUI defense requires preparing the case for trial, preparing for settlement negotiations (whether the negotiation is for dismissal or a less favorable result) and possible sentencing.

With the foregoing in mind, a Virginia DUI defendant increases his or her chances at a wet reckless disposition by obtaining a lawyer who knows how to obtain trial victory and is good at negotiating. Additionally, the defendant should ask their lawyer the proactive steps that may be taken to improve the defendant’s chances of obtaining a favorable negotiation, including WR.

Recently-obtained wet reckless dispositions

Recently in Fairfax court, I obtained wet reckless dispositions in cases with 0.12 and 0.13 blood alcohol content (BAC) breath tests, respectively. In a jurisdiction like Alexandria City, the general watchword when the BAC testing is by breath testing is that any amendment from the original DUI charge is unlikely without a persuasive legal argument to negotiate differently. Once a Virginia DUI defendant exceeds even 0.08 or 0.09, depending on the jurisdiction or circumstances, obtaining a WR disposition can become more of a challenge. However, nothing ventured, nothing gained. On top of that, for one of these two WR dispositions, the prosecutor at first declined a WR disposition, but then a bit of time after I said we were ready for trial and I told him how I planned to win, the prosecutor agreed to negotiate a WR result.

Most importantly, when prosecuted for an alleged Virginia DUI offense, obtain an effective DWI defense lawyer.

Fairfax DUI lawyer Jonathan Katz has successfully defended hundreds of Virginia DWI defendants, and is ready to pursue the best defense for you. Call 703-383-1100 for a free initial consultation with Jon Katz bout your court-pending case.