A DUI can be reduced to reckless driving in Georgia through plea negotiation, but it is not guaranteed and it is not a right. Whether a reduction is available depends on the strength of the evidence against you, the specific prosecutor and court handling the case, and your prior record. Why does it matter? A reduction to reckless driving under O.C.G.A. § 40-6-390 carries significantly fewer consequences than a DUI conviction and does not count as a prior DUI for future sentencing purposes.
If you have been charged with DUI in Georgia, your attorney will first evaluate whether a reduction to reckless driving is possible. Getting the charges against you reduced is major because a reckless driving conviction does not count as a prior DUI, carries no mandatory DUI school or ignition interlock, and has a fraction of the impact on your insurance and your record.
Kim Keheley Frye and her team of DUI defense lawyers at Frye Law Group have negotiated DUI cases throughout Marietta and Cobb County. Below we break down exactly how this works, when it is possible, and what it means for your case.
What Is a “Wet Reckless” in Georgia?
You may have heard the term “wet reckless,” which is an informal name for a DUI charge that has been reduced to reckless driving through a plea agreement. It is called “wet” because the underlying circumstances involved alcohol, even though the resulting conviction is for reckless driving, not DUI.
There is no law that creates a separate wet reckless charge. What actually happens is that the DUI charge is negotiated down to a standard reckless driving charge under O.C.G.A. § 40-6-390, which defines reckless driving as operating a vehicle with reckless disregard for the safety of persons or property. Alcohol is not mentioned in that statute at all.
Why Would a Prosecutor Agree to Reduce a DUI to Reckless Driving in Georgia?
Prosecutors agree to reduce DUI charges when they have reason to believe their case has weaknesses. Common factors that can make a reduction more likely include:
- Problems with the traffic stop: If the officer lacked legal justification to pull you over, evidence obtained during the stop may be suppressible
- Issues with field sobriety test administration: Tests that were improperly administered or conducted on uneven surfaces, in poor lighting, or without following NHTSA protocols can be challenged
- Breathalyzer or blood test problems: Calibration issues, chain of custody problems, or improper testing procedures can call BAC results into question
- BAC close to the legal limit: A BAC just at or slightly above 0.08% is more vulnerable to challenge than a significantly elevated result
- No prior DUI history: First-time offenders with clean records are more likely candidates for negotiated reductions
- Strong mitigation: Employment history, community ties, and evidence of rehabilitation can support a favorable negotiated outcome
A prosecutor who believes the evidence is strong and the case is straightforward has little incentive to offer a reduction. Building a case for reduction requires identifying the weaknesses in the state’s evidence and presenting them effectively, which is the work of an experienced DUI defense attorney.
What Are the Benefits of a Reckless Driving Reduction?
The difference between a DUI conviction and a reckless driving conviction in Georgia is substantial:
DUI Conviction
- Criminal conviction on your record
- License suspension
- Mandatory jail time, fines, DUI school, probation, and community service under O.C.G.A. § 40-6-391
- Counts as a prior DUI for sentencing purposes if you are ever charged again
- Insurance premiums typically increase by 80% or more
- May affect professional licensing
Reckless Driving Conviction
- Still a misdemeanor, but not a DUI
- Fine of up to $1,000 and up to 12 months imprisonment, though jail is rarely imposed in plea cases
- 4 points added to your license rather than the more severe DUI consequences
- Does not count as a prior DUI for future sentencing purposes
- Significantly smaller impact on insurance premiums than a DUI
- No mandatory DUI school, ignition interlock, or hard license suspension
For most people, the practical difference between these two outcomes is enormous, particularly when it comes to employment, professional licensing, and the long-term record consequences.
When Is a Reduction Less Likely?
Not every DUI case is a candidate for reduction to reckless driving. Factors that make a reduction less likely include:
- A significantly elevated BAC well above 0.08%
- Prior DUI convictions on your record
- An accident, injury, or property damage involved in the arrest
- A DUI involving a child in the vehicle
- A court or prosecutor with a policy against offering reductions in DUI cases (some jurisdictions in Georgia are significantly more conservative than others)
- Strong, clean evidence from the State, such as clear dashcam footage, a cooperative chemical test, and no procedural issues
In cases where a reduction is unlikely, an experienced attorney shifts focus to other defense strategies, including challenging the evidence, seeking suppression, or preparing for trial.
Talk to a Local DUI Defense Attorney in Cobb County
Georgia’s DUI courts are not uniform. What a prosecutor in one county will agree to, a prosecutor in another may refuse. Some courts have policies against DUI reductions. Some prosecutors will not negotiate unless your attorney presents a compelling challenge to the evidence.
Kim Keheley Frye is a former Georgia prosecutor who spent years on the other side of these negotiations. That background means she knows how the State evaluates its cases, what makes prosecutors willing to deal, and how individual courts operate in Cobb County and the surrounding area
If you are facing a DUI charge in Cobb County or the surrounding area, the question of whether a reduction to reckless driving is possible is one of the first things we will evaluate. Frye Law Group has been in this game for over 15 years and has the results to back up our approach. Contact us today for a case evaluation.
Frequently Asked Questions About Getting DUIs Reduced to Reckless Driving in Georgia
1. Can a DUI be reduced to reckless driving in Georgia?
Yes, in some cases. A DUI charge can be reduced to reckless driving under O.C.G.A. § 40-6-390 through plea negotiation, but it is not guaranteed, and there is no legal right to a reduction. It depends on the strength of the evidence, the specific prosecutor and court, and your prior record. Frye Law Group can evaluate your case and advise you on whether a reduction is realistic.
2. What is a “wet reckless” in Georgia?
A wet reckless is an informal term for a DUI charge that has been reduced to reckless driving through a plea agreement. Georgia does not have a specific wet reckless statute. The resulting conviction is simply a standard reckless driving charge under O.C.G.A. § 40-6-390, which does not mention alcohol.
3. Does a reckless driving conviction count as a prior DUI in Georgia?
No. A reckless driving conviction does not count as a prior DUI for sentencing purposes under O.C.G.A. § 40-6-391. This is one of the most significant benefits of a DUI reduction. If you are ever charged with DUI again, the reckless driving conviction will not be counted against you the way a prior DUI would.
4. What are the penalties for reckless driving in Georgia?
Under O.C.G.A. § 40-6-390, reckless driving is a misdemeanor. A conviction can carry a fine of up to $1,000, up to 12 months’ imprisonment, or both, though the court has full discretion to stay, suspend, or probate any portion of the sentence. Four points are added to your license. In negotiated plea reductions from DUI, active jail time is rarely part of the outcome.
5. Will my insurance go up for reckless driving in Georgia?
Yes, but typically far less than a DUI. A DUI conviction can cause insurance premiums to increase by 80% or more. A reckless driving conviction has a smaller impact, though the exact increase depends on your insurer and driving history.
6. Does every DUI case qualify for a reduction to reckless driving in Georgia?
No. Cases involving significantly elevated BAC, prior DUI convictions, accidents, injuries, or children in the vehicle are less likely to result in a reduction. Some courts and prosecutors in Georgia also have policies against offering DUI reductions. The specific facts of your case and the jurisdiction where it is being heard both matter significantly.
7. How does an attorney get a DUI reduced to reckless driving in Georgia?
By identifying weaknesses in the State’s case, such as problems with the traffic stop, field sobriety test administration, or chemical testing, and presenting those weaknesses to the prosecutor in a way that makes negotiation the better option for the State. Kim Keheley Frye is a former prosecutor who knows exactly how the State evaluates DUI cases and what it takes to negotiate a favorable outcome.
8. Can I get a DUI reduced to reckless driving if I refused the breathalyzer?
Refusal complicates the picture. It eliminates the BAC evidence but triggers an automatic license suspension and can itself be used against you. Whether a reduction is still possible after a refusal depends on the other evidence in the case. Contact Frye Law Group to discuss your specific situation.