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Maybe you’ve heard the phrase “wet reckless” thrown around. Maybe someone told you it was the secret to avoiding a DUI. In some places, it might even be a solid piece of advice. But if you are facing a DUI in Indiana, it is time for a reality check. Wet reckless might sound like a lifeline, but in Indiana, it simply does not exist.
We get asked about this all the time. And it makes sense. Nobody wants a DUI on their record. Wet reckless seems like the next best thing. But if you’re dealing with a DUI in Indiana, the smart move is to understand how our laws work, not how they work somewhere else.
In states like California, wet reckless is a negotiated plea deal. Instead of pleading guilty to driving under the influence, the person pleads guilty to reckless driving with alcohol involved. It is still a criminal offense. It still goes on your record. But the penalties are usually lighter than those that come with a full-blown DUI conviction.
We are talking about shorter license suspensions, smaller fines, less jail time, and fewer hoops to jump through for people with professional licenses. And since it does not say DUI on your record, it can sometimes help when it comes to job applications or insurance.
The appeal is obvious. Most people charged with a DUI are not hardened criminals. They just made a mistake. A wet reckless seems like a way to accept responsibility without accepting a lifelong penalty.
Indiana does not have a wet reckless charge. There is no statute for it. There is no checkbox on the prosecutor’s form for it. You can ask all you want, but the answer is still going to be the same.
Now Indiana does have a reckless driving statute, but getting a DUI reduced to reckless driving is incredibly rare. In most Indiana counties, it is not something that prosecutors are willing to consider. Many prosecutors would rather take a weak DUI case to trial than give a defendant a break with a lesser charge. That is not speculation. That is experience talking.
At the Marc Lopez Law Firm, we have had cases where reckless driving was on the table, but those moments are few and far between. And when they happen, it is usually because the case has serious evidentiary issues. You cannot count on getting that kind of deal. In most cases, you are going to have to fight your DUI head-on.
Wet reckless comes up a lot when we are dealing with people who are not from Indiana. Maybe they are here for the Indy 500. Maybe they are in town for a Colts game, a business convention, or a family visit. They get charged with a DUI and think, “I’ll just ask for a wet reckless like people do back home.”
That approach does not fly in Indiana. We are not a wet reckless state. Our prosecutors are not interested in cutting deals just because someone is from out of town. You need to understand that DUI charges in Indiana are serious business. If you are charged with operating a vehicle while intoxicated, you need a real plan—not wishful thinking based on how things work in other states.
If wet reckless is off the table, does that mean you are out of options? Absolutely not. At the Marc Lopez Law Firm, we treat every DUI case like it can be won. And a lot of times, it can.
We start by attacking the stop. Was it legal? Did the officer have a valid reason to pull you over? Then we look at the arrest. Were your rights violated? Did the officer follow proper procedures? After that, we go after the science. Was the breath test accurate? Was the blood draw handled properly?
We investigate every angle. We challenge every assumption. We make the State prove every element of the charge beyond a reasonable doubt. And if we find a hole in the case, we drive a truck through it.
Sometimes we can get the case dismissed. Sometimes we can get charges reduced to something other than reckless driving. And when those things are not possible, we work to minimize the consequences. We are not in the business of giving up.
You cannot win by applying California logic to Indiana law. If you have been charged with DUI in Indiana, you need a lawyer who understands the local rules. You need someone who knows the courts, knows the prosecutors, and knows how to build a defense from the ground up.
That is what we do every day. We are not just here to plead people out. We are here to fight. We are here to make the State work for every conviction. And we are here to make sure that one mistake does not define the rest of your life.
If you or someone you care about is facing a DUI charge in Indiana, call the Marc Lopez Law Firm at 463-282-3514. We will walk you through your options. We will give you honest advice. And we will fight like hell to protect your future.
And remember—always plead the 5th.