Dry Reckless Plea

Sometimes the defendant in a DUI / DWI case has the option of accepting a plea bargain. While sometimes its in the drivers best interests to take the case to trial, in other instances he or she may want to consider pleading guilty to a reduced charge instead. A lawyer experienced in defending drunk-driving cases can determine whether a plea agreement is the best possible outcome in a DUI case.

One possible plea agreement in a drunk driving case is to plead guilty to reckless driving unrelated to alcohol, also known as a dry reckless. There are many benefits to pleading guilty to this reduced charge, and, if it is offered, there is little question about whether it should be accepted.

A plea bargain is supposed to be just what the name implies a bargain for both sides. The prosecutor saves the time and trouble of taking the case to trial. The defendant receives some consideration for admitting guilt early usually a reduced charge or diminished consequences.

The dry reckless charge is the best of both worlds. Unlike a DUI or wet reckless charge, dry reckless generally carries only probation and a much smaller fine than in a drunk-driving case. There is no mandatory driver's license suspension and no requirement to file a formal proof of insurance, or SR-22, if the driver is successful at a DMV hearing. However, the court may require the driver to attend alcohol education classes, depending on the circumstances of the case.

A dry reckless plea also differs from a DUI or wet-reckless charge in that it does not count as a prior conviction if the driver is again arrested on suspicion of drinking and driving within 10 years of the previous arrest.

Dry reckless plea bargains are most often put forth when the drivers blood alcohol content (BAC) hovers just around the legal limit of 0.08 percent. As with wet reckless and DUI / DWI convictions, dry reckless is a misdemeanor, however, it carries far fewer penalties than more serious drunk-driving charges.

Deciding whether to accept a plea of dry reckless, or any other reduced charge, is a serious decision. A qualified DUI / DWI criminal defense attorney can help negotiate the best possible plea agreement, and determine whether its acceptance is in the best interests of the driver.