info@walialawfirm.com

DUI Resulting from Reckless Driving

DUI Resulting from Reckless Driving in California

California DUI reckless driving defense lawyer

If you've been arrested for DUI as a result of reckless driving in California, it's crucial to act fast. California's DUI laws are among the strictest in the nation - and combining reckless driving with a driving under the influence (DUI) charge can lead to severe penalties, including license suspension, fines, jail time, and a lasting criminal record. We connect your case strategy with the DMV hearing team, license reinstatement options, and mitigation resources for first-time and repeat offenders.

At Walia Law Firm, our experienced California DUI lawyers have successfully defended clients throughout the San Francisco Bay Area, including truck drivers, commercial drivers, and first-time offenders, facing DUI charges related to reckless driving.

Understanding DUI and Reckless Driving Under California Law

Under California Vehicle Code §23152, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs.
Meanwhile, California Vehicle Code §23103 defines reckless driving as operating a vehicle with a willful or wanton disregard for the safety of people or property.

When these two offenses occur together, prosecutors often pursue enhanced charges or seek more severe penalties. This combination can be charged as:

  • DUI with reckless driving enhancement
  • Wet reckless (a reduced DUI charge under Vehicle Code §23103.5)
  • Felony reckless driving causing injury while under the influence

Penalties for DUI Involving Reckless Driving in California

Penalties depend on the severity of the incident, BAC level, and whether the driver has prior DUI convictions. Here's what you could be facing:

First-Offense DUI with Reckless Driving

  • Up to 6 months in county jail
  • Fines from $390–$1,000 (plus assessments)
  • License suspension up to 6 months
  • 3–9 months of DUI school
  • Probation (3–5 years)
  • Mandatory installation of an ignition interlock device (IID)

If the DUI Caused an Accident or Injury

  • Felony charges under Vehicle Code §23153 (see our DUI with injury guide)
  • Up to 3 years in state prison (or more if serious injury occurred)
  • License suspension for up to 5 years
  • Restitution to victims

For Commercial or Truck Drivers

Commercial drivers (CDL holders) face harsher consequences:

  • BAC limit is 0.04% (half the normal limit)
  • A first conviction can result in 1-year CDL suspension
  • A second DUI means lifetime disqualification from commercial driving
  • Employers are often notified, threatening career loss
If you are a truck driver or commercial vehicle operator in the Bay Area, contact an experienced truck driver DUI attorney immediately to protect your license and livelihood.

Can Reckless Driving Replace a DUI Charge? ("Wet Reckless" Plea)

In some cases, an experienced California DUI defense lawyer can negotiate your DUI down to a "wet reckless" charge.
This plea is under Vehicle Code §23103.5, where you admit to reckless driving with alcohol involved, but avoid a DUI conviction.

Benefits of a Wet Reckless Plea

  • Shorter probation
  • Reduced fines
  • No mandatory license suspension (in some cases)
  • Shorter DUI school requirements
  • Less impact on employment and insurance
Important: A wet reckless still counts as a prior DUI if you're charged again within 10 years.

Defense Strategies for Reckless Driving DUI Cases

Our experienced attorneys use various defense strategies, including:

  • Challenging the legality of the traffic stop
  • Questioning the definition of "reckless" behavior
  • Examining breathalyzer and blood test accuracy
  • Reviewing police dashcam and bodycam footage
  • Analyzing witness testimony and statements
  • Investigating police procedure violations
  • Negotiating for reduced charges or wet reckless plea

How a Skilled DUI Defense Attorney Can Help

At Walia Law Firm, our Bay Area DUI defense attorneys analyze every aspect of your case, including:

  • Legality of the traffic stop
  • Breathalyzer or blood test accuracy
  • Police procedure errors
  • Video and dashcam evidence
  • Witness statements

Our goal is to get your charges reduced or dismissed whenever possible.
We understand the impact these cases can have on your family, your job, and your future - especially for commercial drivers, repeat offenders, or professionals who rely on a clean record.

Commercial Driver Considerations

If you hold a CDL and face DUI charges involving reckless driving, the consequences extend beyond criminal penalties:

  • Immediate notification to your employer
  • Potential termination from current position
  • Difficulty finding future employment in transportation
  • Loss of professional reputation and credentials
  • Financial hardship from career disruption

Why Choose Walia Law Firm

  • Over 20 years of criminal defense experience in the San Francisco Bay Area
  • Proven track record defending DUI and reckless driving charges
  • Personalized strategy for each client's unique situation
  • 24/7 availability for urgent DUI arrests and hearings

Areas We Serve

Our firm serves clients across San Jose, Fremont, Oakland, San Francisco, and surrounding counties.

Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and surrounding areas.

Immediate Steps After Arrest

  1. Contact an experienced DUI defense attorney immediately by requesting a free consultation
  2. Request a DMV hearing within 10 days of arrest - follow the steps in our DMV timeline guide
  3. Preserve all documentation related to your arrest
  4. Do not discuss your case without legal representation
  5. Avoid posting about your case on social media

Facing DUI charges with reckless driving?

Don't face enhanced penalties alone. Our experienced team provides aggressive defense strategies and wet reckless plea negotiations across the Bay Area.

Reckless Driving DUI FAQs

Yes. If prosecutors believe your driving was dangerous and you were under the influence, you can face both DUI and reckless driving charges. However, your lawyer can sometimes get the DUI reduced to a wet reckless through negotiation.

A wet reckless involves alcohol or drugs, while a dry reckless does not. Wet reckless convictions are less severe than DUIs but still carry consequences and can count as prior DUIs if you reoffend within 10 years.

Yes. CDL holders face stricter rules - a BAC over 0.04% or any DUI conviction results in at least a 1-year suspension, even if the offense occurred in a personal vehicle.

Yes, many DUI and reckless driving convictions can be expunged under Penal Code §1203.4 after probation is completed, but the process can be complex. A DUI expungement lawyer can help you file correctly.

Contact a California DUI attorney right away. You only have 10 days to request a DMV hearing to prevent automatic license suspension. Avoid discussing your case with police without legal counsel.

Costs vary based on case complexity, but most Bay Area DUI defense lawyers offer free consultations and flat-fee or payment plans. Investing in an experienced attorney can save you from long-term costs like lost employment or increased insurance rates.

DUI reckless driving defense lawyer