What Is A “Wet Reckless” Charge in Colorado?

A “wet reckless” charge in Colorado refers to a plea bargain outcome where a DUI charge is reduced to reckless driving with an alcohol-related notation on the record. This negotiated resolution typically occurs when prosecutors have a weaker DUI case due to factors like borderline blood alcohol content, procedural issues, or lack of clear evidence of impairment. While Colorado law doesn’t specifically define “wet reckless” as a standalone offense, it represents a strategic compromise that can substantially reduce penalties and minimize long-term consequences compared to a full DUI conviction. If you are facing charges in the Denver area, speak with a Denver DUI lawyer.

Is Wet Reckless a Real Charge in Colorado?

Colorado law does not recognize “wet reckless” as a specific criminal charge, but it is a common plea bargain outcome where DUI charges are reduced to reckless driving with alcohol involvement noted. This arrangement allows defendants to avoid the most severe DUI penalties while prosecutors secure a conviction on a related offense. The term “wet reckless” distinguishes this alcohol-related reckless driving plea from standard reckless driving charges that don’t involve intoxication.

The confusion around whether wet reckless is a “real” charge stems from how the legal system handles plea negotiations. You won’t find “wet reckless” listed in Colorado’s criminal statutes because it’s essentially legal shorthand for a specific type of plea agreement. When your attorney negotiates this outcome, you’re actually pleading guilty to reckless driving under Colorado Revised Statutes, but the court record will reflect that alcohol was involved in the underlying incident.

This distinction matters because it affects how the conviction appears on your criminal record and how various agencies interpret it later. Insurance companies, employers, and licensing boards may treat a wet reckless differently than a standard reckless driving charge, but typically less harshly than they would treat a DUI conviction. If you have questions about how a reduced charge would affect you personally, talk to a DUI attorney about how this may appear on your record.

Understanding Colorado’s Reckless Driving Laws

Colorado Revised Statutes define reckless driving as operating a vehicle in a manner that demonstrates a wanton or willful disregard for the safety of persons or property. When alcohol is involved in the underlying incident, prosecutors and defense attorneys may negotiate a plea to reckless driving that acknowledges the alcohol component without requiring a full DUI conviction.

This legal framework provides flexibility in cases where DUI evidence may be insufficient or where mitigating factors support a reduced charge. The reckless driving statute carries its own penalties, which are generally less severe than DUI consequences. However, the statute is broad enough to encompass various driving behaviors, from aggressive lane changes to driving under the influence of alcohol or drugs.

When you’re facing DUI charges, your attorney can use weaknesses in the prosecution’s case to argue for this reduced charge. The prosecutor might agree to the plea if they’re concerned about proving impairment beyond a reasonable doubt. This creates a mutually acceptable resolution: you avoid the harsh consequences of a DUI conviction, and the prosecutor secures a conviction without the risk and expense of a trial.

How Wet Reckless Differs From Standard DUI Charges

A wet reckless plea typically results in substantially reduced penalties compared to DUI convictions. While DUI charges can lead to license suspension periods of nine months or more, wet reckless outcomes often involve shorter suspension periods or restricted driving privileges. Additionally, wet reckless pleas often avoid ignition interlock device requirements and the enhanced penalties that apply to subsequent DUI offenses, but may still require alcohol education programs depending on the plea agreement.

The financial impact alone can be substantial. DUI convictions often carry fines exceeding $1,000, plus court costs, attorney fees, and the expense of required programs and devices. A wet reckless plea typically involves lower fines and eliminates many of the costly requirements associated with DUI convictions.

However, it’s important to understand that a wet reckless conviction may still count as a prior alcohol-related offense for sentencing purposes in future cases, though this varies depending on specific circumstances and prosecutor policies. Some prosecutors treat wet reckless convictions as priors for enhanced DUI penalties, while others don’t. This inconsistency makes it important to discuss the long-term implications with your attorney before accepting any plea agreement.

Your driving record will also reflect the difference. A DUI conviction typically adds 12 points to your Colorado driving record, while reckless driving adds 8 points. While both are significant, the lower point total can make a difference in license suspension calculations and insurance rate increases.

Penalties And Consequences Of Wet Reckless In Colorado

Wet reckless convictions in Colorado typically carry several specific penalties that are generally less severe than DUI consequences:

• Fines: Ranging from several hundred to over a thousand dollars
• Jail time: Up to 90 days potential incarceration (though often suspended)
• Probation: Supervised release periods with specific conditions
• Driver’s license points: 8 points added to your Colorado driving record
• Community service: Usually 24 to 48 hours depending on case circumstances

These consequences represent a significant reduction compared to DUI penalties, which include longer license suspensions, mandatory alcohol treatment programs, ignition interlock devices, and higher fines. The jail time component differs substantially as well, with DUI convictions potentially resulting in up to one year in jail for a first offense, including mandatory minimum sentences in some cases.

Probation terms for wet reckless convictions usually focus on staying out of trouble and completing any community service requirements. You won’t face the intensive supervision and alcohol-related requirements that often accompany DUI probation, such as regular alcohol testing or mandatory counseling sessions.

Factors That Influence Wet Reckless Plea Eligibility

Several key factors affect whether prosecutors will consider reducing DUI charges to wet reckless:

• Blood alcohol content levels: Borderline BAC readings close to the 0.08% legal limit provide stronger negotiation power than substantially higher readings
• Procedural issues: Problems with traffic stops, breath/blood testing, or field sobriety test administration can weaken the prosecution’s case
• Criminal history: First-time offenders typically receive more favorable consideration than repeat offenders
• Incident circumstances: Absence of accidents, injuries, or aggravating factors like excessive speeding improves plea prospects
• Defendant cooperation: Polite behavior during arrest and compliance with testing requirements may influence prosecutorial discretion
• Evidence quality: Gaps in chain of custody, machine calibration issues, or improper test administration create negotiation opportunities

These factors work together to create the overall strength or weakness of the prosecution’s case. Your attorney will evaluate how these elements apply to your specific situation and use them strategically in plea negotiations. The presence of multiple favorable factors substantially improves your chances of securing a wet reckless agreement, while the absence of these factors may require a different defense strategy.

The Negotiation Process: Working With Prosecutors

Effective wet reckless negotiations require thorough case analysis and strategic communication with prosecutors. Your defense attorney will typically review arrest reports, body camera footage, breath test calibration records, and other evidence to identify weaknesses in the prosecution’s case. These findings become the foundation for plea discussions, where attorneys present arguments for charge reduction based on evidentiary concerns, mitigating factors, and your personal circumstances.

The negotiation process often involves multiple conversations between your attorney and the prosecutor. Initial discussions might focus on obvious problems with the evidence, while subsequent negotiations could address broader issues like your character, employment situation, or family responsibilities. Prosecutors evaluate these arguments alongside their office’s policies, case backlog considerations, and the strength of their evidence.

Your attorney might present character references, evidence of alcohol counseling you’ve already completed, or documentation of how a DUI conviction would affect your employment or professional licensing. These human elements can be just as important as the legal technicalities in securing a favorable plea agreement.

Timing plays an important role in these negotiations. Early discussions, before formal charges are filed, sometimes yield better results than waiting until you’re deep in the court process. However, your attorney might also use the time to gather additional evidence that supports your case or wait to see how the prosecutor’s evidence holds up under scrutiny.

Long-Term Impacts: Insurance, Employment, And Background Checks

While wet reckless convictions carry fewer immediate penalties than DUI charges, they still create lasting consequences that you must understand before accepting any plea agreement. Auto insurance companies typically treat wet reckless convictions as serious moving violations, leading to rate increases that can persist for three to five years. You might see your premiums increase by 20-40%, though this is often less than the 50-80% increases common with DUI convictions.

Employment implications vary substantially by industry and position. Jobs involving driving, professional licenses, or security clearances may be affected regardless of whether your conviction is classified as DUI or wet reckless. Some employers make no distinction between the two when it comes to positions of trust or responsibility.

Background check disclosures depend on the specific conviction record and how employers, licensing boards, or other entities interpret alcohol-related reckless driving offenses. Some professional licenses have specific reporting requirements for any alcohol-related convictions, regardless of whether they’re classified as DUI or reckless driving. Teachers, healthcare workers, financial professionals, and others in regulated industries should carefully consider how a wet reckless conviction might affect their professional standing.

The conviction will appear on criminal background checks for employment, housing, and other purposes. While it may be viewed more favorably than a DUI, it’s still a criminal conviction that could influence decisions by landlords, employers, or others who review your background.

When To Consider Fighting The Original DUI Charge

Despite the appeal of reduced penalties, some defendants may benefit more from challenging DUI charges directly rather than accepting wet reckless pleas. Cases with substantial procedural violations, unreliable test results, or weak evidence of impairment may warrant full litigation rather than plea negotiations.

If the police made serious mistakes during your arrest—such as conducting an illegal traffic stop, improperly administering field sobriety tests, or failing to follow proper procedures for breath or blood testing—your attorney might recommend fighting the charges completely. A successful motion to suppress evidence could result in complete dismissal of your case, which would be far better than any plea agreement.

Additionally, defendants with professional licenses or security clearances might find that any alcohol-related conviction creates similar consequences, making the distinction between DUI and wet reckless less meaningful. If you’re going to face professional discipline regardless of whether you’re convicted of DUI or wet reckless, it might make sense to fight for a complete acquittal instead of accepting a guaranteed conviction with reduced penalties. A local Denver DUI attorney can assess whether litigation is the right path for your situation.

The decision requires careful analysis of the evidence, potential trial outcomes, and your individual circumstances. Your attorney should provide a realistic assessment of your chances at trial and help you weigh the certainty of a plea agreement against the possibility of complete vindication through trial. An experienced DUI defense attorney can help evaluate whether fighting the charges or pursuing plea negotiations serves your best interests based on the specific facts of your case and your personal situation.

Key Next Steps (Action Items)

• Contact an experienced DUI lawyer immediately — early involvement improves negotiation and suppression options.
• Have your attorney review all evidence: arrest reports, body cam, breath/blood test records, and calibration logs.
• Discuss long-term consequences with counsel before accepting any plea (insurance, employment, licensing).
• Consider gathering character references and proof of counseling to strengthen plea negotiations.
• Evaluate the option to litigate if procedural violations or weak evidence exist — dismissal may be possible.

Bottom Line

A “wet reckless” outcome can be a valuable middle ground for defendants facing DUI charges in Colorado, offering reduced penalties and fewer collateral consequences than a DUI conviction. Colorado law does not list “wet reckless” as a separate charge—it is a plea bargain to reckless driving with an alcohol notation—so it’s essential to understand the trade-offs, consult an attorney, and weigh the certainty of a plea against the potential for dismissal at trial. If you need representation or guidance specific to Denver, consider contacting a DUI attorney to discuss your options.

Do You Need Legal Help with Your Colorado Criminal Charges?

If you or someone you love is facing criminal charges in Colorado, don’t wait — contact the Colorado criminal defense lawyers at Prager Law today. Criminal charges are terrifying, and you deserve more than a cookie-cutter defense. At Prager Law, we provide personalized legal representation backed by real trial experience and insider knowledge of how prosecutors think.

Founding attorney Steve Prager is a former supervisor in the El Paso County District Attorney’s Office. He’s handled more than forty jury trials and trained new prosecutors — giving him rare insight into how cases are built and, more importantly, where they fall apart. That experience can be the difference between a conviction and a second chance.

Call 303-483-4452 or contact us online to discuss your case. We’ll review your situation, explain your legal options, and start building a strategic defense — one built just for you.