Many people researching DUI charges online come across the term “wet reckless.” This leads to the common question of whether a wet reckless is an option in South Carolina. The short answer is that South Carolina does not have a wet reckless law and the phrase is not used in our court system. Understanding what a wet reckless is, and what South Carolina offers instead, can help you make informed decisions about how to handle your DUI case.
In other states, a wet reckless is a specific type of conviction for driving unsafely after consuming alcohol or drugs. It is usually considered a reduced charge from DUI. A wet reckless conviction in those states may still carry significant penalties, including license points, fines, potential jail time, and mandatory alcohol or substance abuse counseling. It can also enhance a later DUI arrest and increase the penalties for any future offense. Because South Carolina has no such law, no one here is ever convicted of a wet reckless.
Instead, South Carolina has a general reckless driving statute found in South Carolina Code Section § 56-5-2920. Reckless driving is defined as operating a vehicle with a willful or wanton disregard for the safety of persons or property. A conviction carries six license points and a fine of up to four hundred forty dollars. Prosecutors in South Carolina do have the ability to agree to reduce a DUI charge to reckless driving, but this is not the same thing as a wet reckless and the term wet reckless is never used in our courts.
It is important to understand that reckless driving is not a lesser included offense of DUI in South Carolina. This means that if your DUI case goes to trial, the court cannot find you guilty of reckless driving instead of DUI. A reduction from DUI to reckless driving must be agreed upon by both the prosecutor and the defendant. Because of this, a reckless driving reduction is usually the result of negotiation, not something granted automatically.
Even though South Carolina does not have a wet reckless law, a reduction to reckless driving is the most common non DUI resolution used in this state. This type of reduction can offer several important benefits. It eliminates the possibility of an ignition interlock device, avoids DUI related suspension periods, removes the requirement for alcohol counseling, and eliminates the need for SR 22 insurance. The fine is also lower than a DUI. Most importantly, if a DUI is reduced to reckless driving, the DUI charge is dismissed and removed from your criminal record. This is a major benefit because a DUI conviction in South Carolina stays on your record for life with no possibility of being expunged, and can affect employment screenings and background checks forever.
There are still risks to consider. If you receive two reckless driving convictions within five years, the South Carolina DMV will suspend your driver’s license for ninety days. If you receive three convictions within three years for reckless driving or other major traffic offenses, you may be classified as a habitual offender and lose your license for several years. These consequences mean that even a favorable reduction should be carefully evaluated in the context of your long term driving history.
A reckless driving reduction is not the right option for every DUI case. Sometimes it can be appropriate to decline the offer and pursue either a further reduction or a full contest of the DUI in court. Further reductions vary widely and may involve offenses such as too fast for conditions or certain equipment violations, depending on the facts of the case. These outcomes are less common and depend on the evidence and negotiations involved.
Prosecutors do not typically offer reckless driving reductions automatically. They are usually the result of discussions between the defense and the State. Effective negotiations may involve presenting weaknesses in the State’s case, such as problems with the traffic stop, field sobriety testing, or breath or blood results. Mitigation can also play a significant role. Mitigation refers to information about the defendant that supports leniency, such as a clean prior record, youthful age, work or family responsibilities, or voluntary completion of counseling or treatment programs.
If you or a loved one has been charged with DUI in South Carolina, it is important to get accurate information about your options. At the Law Office of James R. Snell, Jr., LLC, we help clients throughout Lexington, Columbia, and surrounding areas understand their choices, evaluate potential outcomes, and take steps to protect their record and future. Same day appointments are typically available, and consultations for DUI and other criminal cases are free. Call us today at (803) 359-3301 to discuss your situation.
All cases are unique, and prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.