In Florida, being charged with Driving Under the Influence (DUI) carries severe penalties that can impact your freedom, finances, and future. However, in certain cases, a skilled DUI attorney may negotiate a reduced charge known as “wet reckless driving.” This article explores the differences between a DUI and a wet reckless charge, the associated penalties, and how experienced legal representation can make a significant difference.
Understanding “Wet Reckless” in Florida
While not officially defined in Florida statutes, “wet reckless” is a term used to describe a plea bargain where a DUI charge is reduced to reckless driving involving alcohol or drugs. Under Florida Statute § 316.192, reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of persons or property. When alcohol or drugs are involved, and the evidence doesn’t strongly support a DUI conviction, prosecutors may agree to this lesser charge.
Comparing Penalties: DUI vs. Wet Reckless
DUI Penalties (First Offense):
- Fines: $500 to $1,000.
- Jail Time: Up to 6 months; up to 9 months if BAC is 0.15% or higher, or if a minor is in the vehicle.
- License Suspension: Minimum of 180 days.
- Community Service: Mandatory 50 hours.
- Probation: Up to one year.
- Ignition Interlock Device: Mandatory for certain offenses
Last year, Florida made close to 45,000 DUI arrests across the state.
Wet Reckless Penalties:
- Fines: Up to $500.
- Jail Time: Up to 90 days.
- License Suspension: Not mandatory.
- Probation: Typically shorter than for DUI.
- DUI Program: May be required
The wet reckless charge generally results in less severe penalties, no mandatory license suspension, and can be more favorable for employment and insurance purposes.
The Role of a DUI Attorney in Securing a Wet Reckless Plea
A knowledgeable DUI attorney will thoroughly examine the evidence, including the legality of the traffic stop, the accuracy of BAC testing, and any procedural errors. If the evidence is insufficient for a DUI conviction, the attorney may negotiate with the prosecutor for a wet reckless plea. Factors that can influence this negotiation include:
- Low BAC: Close to the legal limit of 0.08%.
- Clean Driving Record: No prior offenses.
- No Accidents or Injuries: Incident did not result in harm.
- Cooperation: Compliance with law enforcement during the stop .
It’s important to note that under Florida Statute § 316.656, a judge cannot accept a plea to a lesser offense if the driver’s BAC is 0.15% or higher, or if the driver is charged with causing death or serious injury.
Why Choose The Ticket Clinic for DUI Defense
With over 35 years of experience and +10,000 DUIs resolved, The Ticket Clinic has a proven track record in defending DUI charges across Florida. Just look at our recent case wins. Our attorneys are well-versed in Florida DUI laws and have successfully negotiated numerous wet reckless pleas, helping clients avoid the harsh consequences of a DUI conviction. We are committed to protecting your rights and achieving the best possible outcome for your case. If you’re in a tough situation facing a DUI, call us for a free consultation.
