Wet Reckless Versus DUI in Illinois: What’s the Difference?

If you’ve been arrested for driving under the influence (DUI) in Illinois, you might have heard the term “wet reckless.” If not, and you hire our Chicagoland DUI lawyers to defend you, we might explain it as a potential alternative outcome, especially if the State’s evidence against you is strong and likely to result in a conviction.

But what is wet reckless? How does it differ from a DUI, and is a wet reckless conviction better than having a DUI on your record?

Understanding DUI in Illinois

A DUI can be charged at several levels, and each carries different penalties.

A first DUI is a Class A misdemeanor, carrying up to one year in county jail and up to $2,500 in fines (although jail time is rare). If it’s your first offense, you may also be eligible for court supervision. This is an alternative outcome that keeps the DUI off your record if you successfully complete the period of supervision.

But subsequent convictions carry harsher penalties, and if aggravating factors, such as death, injury, or driving without insurance, are present, it is charged as a felony.

But a DUI also carries additional penalties specific to the offense.

Impact on Employment

Having a DUI conviction can make it much harder for you to find employment. Some employers will immediately reject applicants with a DUI on their record. Even if you do not disclose your criminal record, businesses may still run background checks to screen individuals for any criminal offenses.

In certain professions, a DUI can cause additional complications. For example, federal regulations disqualify CDL holders from operating commercial vehicles for one year after a first DUI conviction, leaving many drivers unable to work. On top of this, trucking and transportation companies maintain strict policies that can affect your future employment prospects. Some will not hire drivers with any DUI history, while others require a minimum waiting period of up to 10 years after conviction.

If you are a licensed nurse, the Illinois Department of Financial and Professional Regulation (IDFPR) will review your license. It may take disciplinary action, such as suspending your nursing license or putting restrictions on your practice.

Education

If you’re applying to colleges, many institutions ask applicants to disclose any criminal convictions. While a school won’t conduct background checks on students like employers might do, they can do random checks, so if you’re accepted and they later find out you withheld a DUI conviction, you can be expelled.

Similarly, a DUI conviction can also affect your eligibility for scholarships. Merit-based scholarships, athletic scholarships, and awards from private organizations often include clauses or requirements related to character and conduct, which a DUI can easily violate. If you’re already on scholarship when you’re convicted, you might lose funding, and if you’re applying for scholarships, you might find many doors closed to you.

License Revocation

A DUI conviction in Illinois results in an automatic one-year license revocation for a first offense. Unlike a suspension, it’s not easy to get your license back after a revocation, and you must attend a hearing with the Illinois Secretary of State and prove you do not pose a public risk to get your license reinstated. This process can be time-consuming, and there are no guarantees of success.

Fortunately, there are many alternative outcomes when you’re charged with DUI, which can allow you to avoid some of the serious consequences of a DUI.

What Is Wet Reckless?

Wet reckless isn’t a formal criminal charge in Illinois — you won’t find it written in the Illinois Vehicle Code, and a police officer will never arrest you specifically for wet reckless.

Instead, it’s a common term for a reduced charge from a DUI to reckless driving. The “wet” part of wet reckless refers to the use of drugs or alcohol.

On paper, wet reckless might not seem like a reduced charge from DUI. Like a DUI, wet reckless is a Class A misdemeanor, which means it carries the same penalties as a first-offense DUI (including up to one year in county jail and up to $2,500 in fines). However, first offenders will often receive probation.

Pleading to a Wet Reckless Charge

Getting your DUI reduced to wet reckless isn’t guaranteed. It’s up to the prosecutor to offer a plea deal. If they do, you will plead guilty to reckless driving under 625 ILCS 5/11-503, with the record noting that drugs or alcohol were a factor.

So why might a wet reckless conviction be the preferred outcome over a DUI?

License Consequences

One of the biggest practical differences of pleading to wet reckless versus getting a DUI conviction is the impact on your driver’s license.

Unlike with a DUI, where your license will be revoked upon conviction, a wet reckless conviction doesn’t carry a mandatory license revocation. While it’s still possible for the Secretary of State to take action against your license based on reckless driving, it’s not automatic.

It’s important to note that a wet reckless plea will not affect the statutory summary suspension you received if you refused a breathalyzer (12 months for a first offense) or failed the test (six months for a first offense). This administrative penalty is separate from your criminal case.

Impact on Your Record

When you plead guilty to wet reckless, your criminal record will show a conviction for reckless driving, with a notation that alcohol was involved. While it’s still a severe charge, it may be treated less seriously than a DUI, which can be in your favor when you’re applying for jobs or housing.

A wet reckless plea can also make a difference for CDL holders.

As we’ve mentioned, federal regulations mean that you will be disqualified from driving your truck for one year if you’re convicted of a DUI.

However, a wet reckless plea does not automatically trigger a disqualification, though it will appear on your record and could still affect your employability. You may also still have your license disqualified if it is suspended after you fail the breathalyzer test or refuse to take it. That’s why you should always speak with an Illinois CDL DUI attorney to explore your options. If you can get your DUI reduced to wet reckless and have your statutory summary suspension rescinded, it’s possible to avoid the automatic CDL disqualification.

Wet Reckless Isn’t a Free Pass

Because wet reckless is a reckless driving conviction with a specific notation that the offense involved drugs or alcohol, it can be used against you if you’re arrested for DUI in the future.

Illinois treats wet reckless as a prior DUI for the purpose of determining whether it’s your first or a subsequent offense. This means that if you plead guilty to wet reckless and are later arrested for DUI, it will be treated as a second DUI offense, which carries harsher penalties.

What About Court Supervision?

Court supervision is a non-conviction sentence that allows an individual to avoid having a conviction on their record if they meet the terms of their supervision (such as attending classes and avoiding further trouble with the law).

Court supervision is available for many offenses, including DUI (a first offense only), speeding, and improper lane usage.

For many drivers, court supervision is an ideal outcome, but there are exceptions.

Firstly, court supervision is only available once. Once you use it, it’s gone. In the context of wet reckless, you won’t be able to enter a plea and then negotiate court supervision for a future DUI, as the DUI charge will be treated as a second offense. However, court supervision may be available for an unrelated offense. Most drivers don’t (and probably shouldn’t) intend to get arrested for another offense, so it’s often preferable to negotiate court supervision when it’s available, but as with any traffic offense, it’s important to discuss your situation with a lawyer.

If you have a CDL, a court supervision sentence is treated no differently than a DUI. This means that even though you’d avoid a criminal conviction, your license will still be disqualified, and you might find it a lot harder to find employment. In these situations, where CDL holders rely on being able to drive for their livelihood, a plea to a lesser charge can be the best outcome.

DUI vs. Wet Reckless: A Quick Comparison

Does Wet Reckless Make Sense for You?

Not every DUI case is a good candidate for reduction to wet reckless, and prosecutors won’t offer this option in every case.

Remember, a wet reckless plea will still result in a criminal conviction. It will appear on background checks, and you’ll need to disclose it when asked about your criminal history. It’s often treated less seriously than a DUI, but it’s not the same as having a clean record.

For most people, wet reckless is preferable to a DUI conviction. But “better” depends on your specific circumstances and what alternatives might be available. If you have a strong case and could win at trial, if you have grounds for dismissal, or if court supervision is an option, those outcomes would be better than wet reckless.

How Driver Defense Team Can Help

When you’re charged with DUI in Illinois, you need an attorney who understands all the potential outcomes and how to negotiate the best result.

Our DUI defense attorneys have helped thousands of clients in these exact situations. We know when prosecutors might be open to a plea, how to identify weaknesses in the State’s case, and how to present our clients in the most favorable light during negotiations.

We also know when wet reckless isn’t the right answer. Sometimes, fighting the charge is the better option. Other times, court supervision provides a better outcome. We’ll evaluate every angle of your case and explain your options honestly so you can make the decision that’s right for you.

If you’ve been arrested for DUI in Cook, DuPage, Lake, or Kane County, contact Driver Defense Team today for a free consultation. We’ll review your case, explain whether wet reckless might be an option, and develop a customized GamePlan to get you the best possible outcome. Call or text (312) 940-8330 to get started.

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