DMV and wet reckless conviction

DMV and wet reckless conviction

Question:  If my license was suspended at DMV hearing, and I plea to a wet reckless in court, will my license get reinstated automatically?  It seems like that the DMV should not be able to do anything to my drivers license if the DUI charge is dismissed and replaced with a less serious charge.

Answer: If the DMV has already suspended your license based on the DMV hearing (also called an Admin Per Se hearing), generally speaking, a plea to a wet reckless will not reinstate your license. If you can get an acquittal on the DUI charges, you can then go back to the DMV to get your license reinstated.

There is often a lot of confusion on this issue.  An acquittal is different than a dismissal.  If you enter a plea agreement to a wet reckless, generally that means that the court “dismissed” your DUI charges, but there was not an “acquittal” of the charges.  An acquittal is when there is a specific “not guilty” finding, either after a jury trial or bench trial.

Also, there is a type of plea referred to as a Helmandollar plea that would allow you to get your drivers license reinstated if your DUI charges were also dismissed. If you already served 1 month hard drivers license suspension, meaning you were not allowed to drive at all and this is a 1st offense DUI without a refusal issue and you were over 21 at the time of arrest, you should be eligible for the work restricted license already.

Call me to discuss your situation further.  If I had more information about your case, such as when you were arrested, what court your case is in, details about your arrest, etc., I would be able to give you more specific answers and help you out further.

Sincerely,

Phil Hache
DUI & Criminal Defense Attorney
www.1DUILawyer.com
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Compton, Inglewood and other Courts.
Office in Sherman Oaks