The Law Office of Richard Wagner, A Professional Corporation, has enjoyed years of success defending Reckless Driving clients and DUI cases and we are ready to help you.
Reckless Driving Lawyer in Orange County
If you’re facing charges for reckless driving or seeking to reduce a DUI to a dry reckless in Orange County, you need skilled legal guidance. Attorney Richard Wagner former DUI prosecutor and award-winning defense lawyer has the experience to protect your rights and minimize penalties. (714) 721-4423
What Is Reckless Driving in California?
Reckless driving is defined under California Vehicle Code § 23103 as operating a vehicle with willful or wanton disregard for the safety of people or property. A conviction is a misdemeanor criminal offense and adds 2 points to your DMV record.
There are two types:
- Dry Reckless: A plea bargain from DUI charges with no mention of drugs or alcohol.
- Wet Reckless: A reduced DUI charge that does involve alcohol or drugs and can count as a prior in future DUI cases.
Benefits of a Dry Reckless Plea
While difficult to negotiate, a dry reckless plea can significantly reduce the long-term impact of a DUI arrest:
- No mandatory license suspension by DMV (unlike DUI)
- Shorter probation period (typically 1 year vs. 3–5 years for DUI)
- No DUI school required
- Lower fines and less jail time
- Does not count as a prior DUI for future offenses
- No alcohol-related record, which may reduce stigma and help protect employment, insurance, and immigration status
Penalties for Dry Reckless Driving
Though less severe than DUI, dry reckless still carries penalties:
- $145 to $1,000 fine (plus penalty assessments)
- 5 to 90 days in county jail (rarely imposed)
- 2 DMV points
- 12 months probation
- Possible insurance rate increase
In some cases, probation terms may include community service or alcohol awareness courses depending on the circumstances of the arrest.
DMV License Suspension vs. Court Penalties
Unlike DUI convictions, a dry reckless conviction doesn’t trigger an automatic DMV license suspension. However, if your license is suspended through the Administrative Per Se (APS) hearing, you may still need to install an IID or apply for a restricted license.
Attorney Wagner can guide you through the DMV process to help preserve your driving privileges.
Immigration and Employment Impacts
Dry reckless convictions carry less risk for non-citizens compared to DUI:
- Not considered a significant misdemeanor for DACA
- Reduced risk of deportation or denial of naturalization
- More favorable outcome when reported to professional licensing boards, HR departments, and background checks
Defending Against DUI Charges and Pursuing Dry Reckless
Attorney Wagner can evaluate the strength of the DUI case and negotiate with the prosecutor for a favorable plea. Common defenses include:
- Lack of probable cause for stop or arrest
- Faulty breath or blood testing procedures
- Improper field sobriety tests or Miranda violations
- Medical issues or dietary conditions mimicking intoxication
Each case is unique—Attorney Wagner uses his experience as a former DUI prosecutor to find every opportunity for dismissal or reduction.
Why Prosecutors Rarely Offer Dry Reckless Pleas
Prosecutors are often reluctant to offer dry reckless deals because they do not count as “priorable” offenses. Some jurisdictions—such as Los Angeles—outright refuse to offer dry reckless and instead use alternative pleas like Speed Exhibition (VC § 23109(c)).
However, Orange County prosecutors may consider dry reckless in borderline DUI cases, especially when BAC levels are close to the legal limit, or there are evidentiary issues.
Why Choose Richard Wagner?
- 27+ Years of DUI and criminal trial experience
- Former Orange County DUI prosecutor
- Named to Super Lawyers 2025 for DUI/DWI
- National Trial Lawyers Top 100
- Superb AVVO Rating and 5-star client reviews
- Offices in Irvine and Rancho Cucamonga
Schedule Your Free Consultation
Whether you’re charged with DUI or exploring dry reckless plea options, early intervention can lead to better results.
Call (714) 721-4423 now to schedule your free consultation with Orange County reckless driving attorney Richard Wagner.
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Priority #1: Zealous Advocacy – Protection Of Your Constitutional Rights
The Law Office of Richard Wagner, A Professional Corporation, has enjoyed years of success defending clients in criminal cases, including: Battery on Police Officer, Battery Against A Spouse, Bench Warrants, Burglary, Disturbing the Peace, Disorderly Conduct, Domestic Violence, Driving on a Suspended License, DUI, Expungements, Forgery, Grand Theft, Hit and Run, Indecent Misdemeanors, Vehicular Manslaughter While Intoxicated Without Gross Negligence, Violation of Protective Order. Richard Wagner is the best drunk driving defense attorney in the Orange County.
Including your Constitutional Right: