Offense
Reckless driving & use of alcohol or drugs
“Wet reckless”
Aggravated Felony (AF)
Not AF as COV (plus, less than 1 yr potential sentence). See Advice to 23103.
Crime Involving Moral Turpitude (CIMT)
Not CIMT; see 23103
Other Removal Grounds
Not CS offense because the offense is not divisible as to the substance; see 11377, above. But best practice is plea to alcohol or non-CS, e.g., sleeping or allergy pills.
Advice and Comments
AF: Not an AF; see discussion of COV, sentence, and Borden at 23103, above.
Discretion. Generally a wet reckless is not treated as harshly as DUI, which is treated as a severe negative factor in discretionary decisions. See PC 23152. It often is a real benefit to get wet reckless rather than a DUI.
DACA: This has not been treated as a DUI significant misdemeanor bar to DACA, but D should obtain 1203.4 expungement if possible. See PC 25400.
SB54: Law enforcement cooperation with ICE is not permitted. See SB 54 advisory at www.ilrc.org/crimes-summaries