How Can a Wet Reckless Plea Impact a CDL Driver in California?
Californians with a commercial driver’s license (CDL) in California face especially serious consequences for driving under the influence of drugs or alcohol (DUI). Since their livelihood typically depends on their ability to drive, a DUI can be a major setback. A "wet reckless" plea can be a better alternative to a DUI for non-commercial drivers, but it still presents CDL holders with unique risks for their employment. For more information about your options, speak with a qualified California criminal defense attorney who has helped other clients facing these charges.
What Is a Wet Reckless?
"Wet reckless" is a relatively strange-sounding term that refers to reduced charges that acknowledge alcohol involvement without the full penalties of a DUI conviction. A wet reckless charge can typically carry lighter penalties, although CDL holders cannot assume it will give them a safe outcome without understanding its implications for their commercial driving career.
How Does a Wet Reckless Affect CDL Holders?
A wet reckless conviction avoids some of the harshest DUI penalties, but CDL drivers are still subject to strict state and federal regulations that can hurt their ability to work. Possible consequences of a wet reckless for a CDL holder include:
Suspended License
Under federal law, CDL holders with any alcohol-related driving offense - whether it is a DUI or a wet reckless conviction - are disqualified from operating a commercial vehicle for a year. This is true even if they were driving their personal car and not a commercial vehicle at the time of the incident. There is no option for a reduced penalty for CDL holders.
Employment Challenges
Many trucking companies and commercial driving employers treat a wet reckless charge as seriously as a DUI. Employers might hesitate to hire or retain drivers who have an alcohol-related incident on their record.
Hiked Insurance Rates
Insurance providers can treat a wet reckless like a DUI. That means coverage can become more expensive or even rescinded. CDL holders, who often require specialized insurance, can face major obstacles in securing work if this happens.
Priorable Offense
A wet reckless conviction is treated as a prior DUI offense if the driver is charged with DUI within the following 10 years. For CDL holders, this means any future DUI conviction would be considered a second offense with harsher penalties, including a possible lifetime CDL disqualification, meaning they might never be able to work as a commercial driver again and would need to pursue a new career path.
Why Do Some CDL Holders Prefer a Wet Reckless?
Although a wet reckless plea does not prevent automatic CDL disqualification, there may still be strategic reasons to pursue it. First, you could face lower criminal penalties. A wet reckless typically has lower fines, reduced probation terms, and less jail time than a DUI conviction. It could also be a good choice in terms of your future employment. If you end up pursuing a non-commercial driving role, a wet reckless could have less long-term damage to your record than a DUI conviction.
Schedule a Free Consultation with a Napa, CA DUI Defense Lawyer
If you are a CDL driver facing DUI charges, speak with an experienced San Francisco, CA CDL attorney to understand your options. At Burglin Law Offices, P.C., we understand how overwhelming it can feel to face criminal consequences and an uncertain employment future, and we are dedicated to helping you. Call us at 415-729-7300 to discuss your case during a free consultation and work together to achieve the best outcome for you.