The crime of reckless driving, specifically “dry reckless driving” is a misdemeanor violation of Vehicle Code 23103 and is defined as driving a motor vehicle with flagrant disregard for property and/or people. Dry reckless driving is differentiated from wet reckless driving which is driving under influence.
Unlike DUI convictions, dry reckless driving is not covered by the automatic increase of penalties with each subsequent conviction. Furthermore, dry reckless driving would be differentiated from DUI for the following purposes:
• Under Vehicle Code 23103, the maximum penalty is between thirty days to six months in county jail, which is shorter than what DUI sentences can be imposed;
• There are also shorter probation periods for dry reckless driving, which would normally be as much as two years. For DUI, the probation can last for as much as five years.
• The possible fine to be paid for dry reckless driving, which is only set at $220 to $1000.
• A dry reckless driving conviction would not suspend your license by virtue of a court order under California Vehicle Code 23103. A DUI conviction can result in a six month driver’s license suspension but a dry reckless driving conviction can add two points to your driving record.
• In dry reckless conviction would only require a six week program on driver’s education. A DUI conviction would require a three month alcohol education program.
A DUI can still be reduced to a dry reckless driving conviction when the following are present:
• The blood alcohol level of the accused is 0.08%
• There are issues with regards to the DUI arrest.
The commission of 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.
