05/ 06 / 16 Filed in: DUI | Legal
Like the rest of the process - what can happen to you after your arrest isn’t the clearest. It depends on a lot of things, your BAC, if there was an accident, prior DUI arrests, etc. I’ll try to outline as many as I can, but there’s always something more that can happen… obviously if the cop finds drugs, illegal weapons, or an outstanding warrant, your case will be much more complicated.
Most likely you’re not in this territory. The vast majority of DUI cases are misdemeanors, but still felony DUIs do happen. A DUI becomes a felony when you commit a traffic violation (wrong way down a one way road, run a stop light, etc.) and injure somebody because of this violation. You’ll know pretty quickly if the state is pursuing a felony charge against you - most likely you’ll have to bond yourself out of jail, and will already be dealing with the guilt of injuring somebody else. A Felony DUI usually requires 180 days in jail, a $3,000-$5,000 fine, a 4-10 year suspension of your license, a possible strike against the three-strikes law, and attendance in an 18-month, or 30-month DUI program. Yikes. It’s just not worth it. On top of that, you will will have to pay restitution to the injured parties, which will not be cheap.
Enhanced Penalty DUI/Aggravated DUI
This is for when you are arrested for DUI and are in an accident, under 21, speeding 20 miles over, or are especially intoxicated. The threshold for “especially intoxicated” is .15, but there’s a lot of judgement involved. I was at a .15, barely, and for whatever reason they did not pursue these charges against me. A .20 BAC is where they must throw these penalties at you, anything in between .15-.20 is up to the whims of those against you. Even if you were at a .20 it’s not the end of the world. It’s still a misdemeanor. Occasionally you can get rid of the additional penalties if you plead out, depending on how close to the line you were. The additional charges against you will depend on how it was aggravated - but most likely, you’re looking at having to attend a 9-month DUI program instead of the 3-month, and have to attend some AA meetings. A hassle, for sure, unfortunate, for sure, but manageable.
The vanilla charge. The three letters that have been staring you in the face every day. This is most likely the charge you will be facing. It comes with a $390-$1000 fine (which they take on “court fees” on top of), a 5-month license suspension (which you can turn into a 30-day suspension and 5-month restricted license with an IID), a 3-month DUI program, and 3 years summary probation (more on this later, but basically you just have to be a good boy. You don’t have a probation officer, you don’t have to check in).
The Wet Reckless charge is a little bit like a mirage. Lawyers will use it as an incentive to hire them, offering you the possibility of getting it. There’s very little chance of you pleading your case down to a wet reckless. Usually it’s a compromise for when the police know their instruments were malfunctioning or otherwise can’t convict you, but still want to nail you with something. When I first read about the Wet Reckless, I started hoping and praying that I could negotiate it down to that. I didn’t stand a chance. A Wet Reckless is a DUI-light. It says you had some level of intoxication, but weren’t legally drunk. It’s not something you can be arrested for, it can only come from a plea bargain.
The Wet Reckless is a little bit complicated - it has lesser fines, no mandatory suspension from the court, you only serve a 6-week DUI program, but it still has drawbacks - the most major one is that it’s priorable - meaning if you get a DUI later on, that one will count as your second DUI. Also, while the court may not suspend your license, the DMV still can, and most certainly will, issue their own suspension. Like I said earlier, there’s not a lot of wiggle room with the DMV. So while you won’t officially be serving a DUI - you’ll be serving the worst part of the sentence - the suspension and subsequent interlock. It also counts as a DUI for purposes of traveling to Canada.
That said, you’ll have beat the system somewhat. And you have to be proud of that. But still, you most likely will not be eligible for a Wet Reckless.
The least likely outcome. Sometimes, for whatever reason, the DA decides not to pursue some cases. They may know it was an illegal stop or the equipment wasn’t working properly, I don’t know, and if you get yours dismissed, you won’t know either. Be careful - one person in my DUI class had the charges not filed initially, then on the last day the could have been filed they were. Really messed him up, he thought he’d gotten off. This is also the outcome of taking the case to court and somehow winning. It sounds like a dream - fighting the system and winning. Just know that there’s a few caveats to it - 1.) you’ll have to pay a lot of lawyer fees 2.) it’s a gamble, and if you lose, you may wish you’d taken the plea bargain 3.) The DMV case is separate. So while you may win your big day in court, or have no charges filed against you, the DMV can already have decided that you are guilty and your license suspended. It just isn’t fair.
I remember being presented these options from my lawyer, it looked kind of a menu. I wanted to just go “Oh, I’ll have the Wet Reckless” please. It’s not up to you anymore, unless you or your lawyer have incredible negotiation skills. People have done it, but those are outliers. You may be one, but most likely you’re not. Still, it’s good to know all the options that exist.