This crime of reckless driving has two kinds. The first one is called “wet reckless driving” or DUI and this one is called “dry reckless driving”. This is deemed as a misdemeanor offense under the California Vehicle Code 23103.
The crime is defined as the operation of a motor vehicle with a flagrant disregard for the property and/or people. This crime is not covered under the sentencing enhancements that are applicable to DUI offenses. The following are the differences between DUI and reckless driving:
• Sec 23103 of the California Vehicle Code states that the maximum penalty for the offense is between thirty (30) days and six (6) months in county prison. This prison term is much shorter than what DUI penalties that can be imposed;
• This offense also provides shorter probation periods compared to DUI. For reckless driving, the period can be as long as two (2) years unlike for DUI which can be as long as five (5) years;
• The fines paid also differ between DUI and reckless driving. For reckless driving, the fines to be paid is between $220 and $1000;
• When an individual is convicted of this crime, the driving privilege is not suspended, unlike a DUI conviction where suspension of the driving license can run up to five years. The main penalty though is the marking of two points on your driving record;
• For a dry reckless conviction, there is a requirement for a six week driver’s education program. For a DUI conviction, there is mandatory attendance in this education program as well as an alcohol rehabilitation program;
One of the peculiarities of this offense is that it can be the penalty applied for a DUI offense. This means that the DUI offense is lowered, when compliant with the following requisites, to become a dry reckless conviction.
• The BAC level of the accused is 0.08%;
• The DUI arrest has constitutional issues present;
The crime of reckless driving is a serious matter in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
