October 1, 2015
A “wet reckless” in Florida is usually the result of a plea negotiation between the prosecution and a person accused of driving under the influence. The person admits to driving recklessly after having consumed alcohol. A “dry reckless” does not involve alcohol and is the customary reckless driving charge when a DUI is not involved. Penalties for a “wet reckless” are not quite as strict than those for a DUI, and if the plea negotiation is accepted by the judge, no record of a DUI conviction results.
Eligibility for Wet Reckless
Prosecutors and judges are under constant public scrutiny, but they work in an overburdened court system with a backlog of cases. The “wet reckless” allows them to free up time for more serious cases. They will selectively consider a negotiated plea to a “wet reckless” if it is the defendant’s first DUI charge, no accident or injury occurred, and the defendant’s blood alcohol level was at or near .08.
Wet Reckless Penalties
An administrative license suspension still applies. Fines and costs will be imposed, and successful completion of a DUI program will probably be required. There’s a likelihood of community service time, probation and random drug testing. If the prosecution has significant evidentiary issues, a case might even be reduced to a “dry reckless.”
If you are charged with a second DUI within 10 years of a “wet reckless,” the law allows the prosecution to consider that previous “wet reckless” as a previous DUI. If convicted of the second DUI charge, you are sentenced as a second DUI offender.
Contact the Khonsari Law Group for DUI Defense
If you have been charged with a DUI, you want a knowledgeable, experienced and dedicated DUI attorney on your side. Do not hesitate to get a free consultation and case evaluation by calling us at (727) 269-5300. You can use our online contact form, too. Protect your rights, record and reputation by contacting the Khonsari Law group after any arrest.