VC 23103.5

VC 23103.5


Reckless driving & use of alcohol or drugs

“Wet reckless”

Aggravated Felony (AF)

Not AF as COV because less than 1 yr 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.

2021-05-18T20:00:38+00:00Updated May 18th, 2021|