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Wet Reckless Colorado

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Facing DUI Charges And Hoping To Get Your Charges Reduced To A Wet Reckless? If You Were Charged With A DUI in Colorado You ONLY Have 7 DAYS to Request A DMV Hearing.

A wet reckless charge in Colorado is an ideal charge when compared to a DUI or DWAI, but usually, you need to have your charges reduced in order to face a wet reckless. A plea offer can sometimes be challenging to secure even for first-time offenders, but it’s often worth hiring a lawyer to keep a DUI or DWAI off of your driving record.

What Is a Wet Reckless Charge in Colorado?

Colorado does not arrest or charge a person for charges of wet reckless driving. This is a term that is put in place for specific plea deals for DUI and DWAI offenders where the charges are pled down. During a plea bargain, you may be offered a wet reckless, which is a form of reckless driving.

Here’s What You Need to Know About Wet Reckless Charges in Colorado:

As part of a plea bargain for a wet reckless charge in Colorado, you’ll be required to plead guilty to reckless driving and will be required to:

  • Attend alcohol education classes

The term “wet reckless” is used because you’re agreeing to a reckless driving charge, but you’ll also need to take education classes on alcohol. Your charge is not a DUI or DWAI in this case, so it is very beneficial, even if you have to attend additional classes to satisfy your end of the plea agreement.

Top-Rated Colorado Criminal Defense Lawyer

How Can I Get My DUI Charges Reduced to a Wet Reckless in Colorado?

An attorney dealing with wet reckless deals in Colorado is the best source of information when determining if it’s possible to have your charges reduced. While this plea bargain is available, it is very difficult to obtain due to state laws.

The District Attorney (DA) will only offer a wet reckless plea if they are unable to prove a “prima facie” case against you for DUI – in other words, if there is a problem in your case that will make it difficult for them to take the case to trial. Usually this only happens if there is a faulty test, faulty procedures, or an officer is permanently unavailable.

What does this mean for you?

A wet reckless plea is unlikely in many cases unless the DA believes that the court may not convict you on DUI or DWAI charges. As a motorist, the risk is a calculated one because you have nothing to lose when fighting for a lower charge.

If the DA doesn’t agree to a wet reckless, your charges will be the same.

A few important factors to consider are:

  • No prior history of DUI or DWAI will not increase your chances of a wet reckless
  • The District Attorney must be unsure that he or she will be able to prove your DUI or DWAI
  • A lawyer is needed to convince the DA and also analyze your case

The District Attorney will use several factors when deciding whether or not your charge can be lowered to a wet reckless. A few of the main factors that will be considered, aside from if the DA can prove your charges, include:

  • Blood alcohol content (BAC) levels must come in under the .05 impaired limit
  • The incident must not have involved an accident or other factors, such as insubordination or a police chase
  • No other charges, at the time of the DUI or DWAI charge, were filed
  • You fully cooperated when pulled over and did not refuse BAC testing

Lack of evidence of impairment will still remain a key factor in the DA’s decision, but it will not be the only factor considered. Multiple factors can be examined by a lawyer and brought to the attention of the District Attorney, which may lead to lowering your charges to wet reckless.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

What Are the Advantages of a Wet Reckless?

Reckless driving convictions are still very serious charges, but they’re more favorable than a DUI or DWAI conviction. Under state law, reckless driving is defined as:

“A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property commits reckless driving, which is a class 2 misdemeanor traffic offense.”

The charge is a Class II misdemeanor, which is still considered a major traffic violation.

However, when compared to a DUI or DWAI, a reckless driving charge has several advantages. The key benefits of wet reckless charges are:

  • You’re agreeing to a charge that is not drug or alcohol related
  • You can avoid jail time if you’ve been charged with a DUI or DWAI in the past
  • Reckless driving has a probation period that is lower than a DUI
  • If community service is recommended, the length of the service will often be lower than a DUI or DWAI
  • Reckless driving does not come with a mandatory jail sentence

You will have to attend an alcohol education class and may be required to pay fines, but the penalties are far less severe than the alternative.

Wet reckless in Colorado has many advantages. When the District Attorney is unsure if you’re guilty of a DUI or DWAI beyond a reasonable doubt, they may offer to reduce your charges to a reckless driving charge.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines
  • Class 3

  • Up to 6 months of county jail, and/or
  • $50 to $750 in fines2

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4 – 12 years in prison, and/or
  • $3,000 – $750,000
  • 3 years of mandatory parole
  • For extraordinary risk class 3 felonies, the maximum sentence is 16 years in prison.
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

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Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

Is a wet reckless better than a DUI?

Since a wet reckless is offered as a reduction to DUI charges, it is very clear that it is much better to have on your record. If you are convicted of reckless driving, you will still have to face the penalties and will likely have to take alcohol classes, but you will avoid having a DUI on your record which can be very important for future employment and other prospects.

Will a wet reckless show up on a background check?

Yes, in some cases a wet reckless will show up on your background check. Since the charges are not as severe as a DUI or DWAI though, not as many employers will be concerned about these charges. If you are required to drive for a living, however, this still may pose a problem for certain employers.

How do I get a wet reckless instead of a DUI?

A wet reckless is sometimes offered as a plea bargain for someone facing DUI charges. If you would like to try to see if getting your DUI charges reduced is a possibility for you, seek assistance from a DUI attorney as soon as possible.

Experienced Wet Reckless Attorney

Colorado Springs Wet Reckless Attorney Near You

When you’re charged with a DUI in Colorado and are hopeful that you may be able to get your charges reduced to a wet reckless, you need a lawyer who is familiar with the laws and knows how the court system works. DUI attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, an attorney can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.