Wet Reckless is a plea bargain in Colorado that allows a defendant to plead guilty to a lesser offense than driving under the influence without having to an alcohol conviction on the record. The defendant must still pay fines and fees, but will avoid jail time.
In order to qualify for the Wet Reckless, a defendant must meet certain criteria. They must be at least 21 years old, have no prior convictions for DUI, and not be involved in any other criminal activity. If these requirements are met, then the defendant may have the option to enter into a plea agreement with the prosecutor. This means that the defendant agrees to plead guilty to one count of reckless driving and agree to a deferred sentence to DUI. The judge will decide whether to accept the plea agreement after hearing arguments from both sides.
Wet Reckless is not an actual program or law. First-time offenders who meet criteria will avoid jail time and instead receive a fine and probation. It will also require participants to attend alcohol education classes and complete community service.
If the defendant successfully completes the program, he or she will not face DUI conviction. However, if the defendant fails to complete the program, then he or she will still be convicted of DUI.
In some cases, the judge may give the defendant probation instead of jail time. This means that the defendant must attend a treatment program and perform community service.