A conviction for driving under the influence (DUI) in Florida carries significant immediate and long-term consequences that can include possible incarceration and fines as well as a suspension of driving privileges and a criminal record that can create substantial difficulties for people seeking employment. When they are unable to get a prosecutor to dismiss the charges, criminal defense attorneys will often fight to try and have the charges reduced to lesser offenses.
In many cases, plea bargaining may result in an alleged offender being able to plead guilty to the reduced charge of reckless driving. Such offenses involving DUI allegations are often referred to as “wet reckless” charges, and alleged offenders who accept these plea deals face much lighter penalties as well as fewer additional complications after resolving their cases.
Lawyer for Reduction of DUI Charges in Brooksville, FL
Were you arrested for an alleged DUI offense in West Central Florida? You will want to be sure to contact Ashley M. Aulls, P.A. for help fighting to possibly have the criminal charges reduced or maybe even completely dismissed.
Ashley Aulls is a skilled criminal defense attorney in Brooksville who represents clients in Wildwood, Weeki Wachee, Spring Hill, New Port Richey, Inverness, Brooksville, and many surrounding areas of Hernando County. He can review your case and answer all of your legal questions as soon as you call (352) 593-4115 to schedule a free, confidential consultation.
Overview of DUI Reduction to Wet Reckless in Florida
- Why might a prosecutor offer reduced charges?
- What is the difference between a DUI conviction and a reckless driving conviction?
- Where can I learn more about wet reckless offenses in Brooksville?
In order for a person to be convicted of DUI in Florida, a prosecutor will need to prove beyond a reasonable doubt that the alleged offender was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, any chemical substance, or any controlled substance to the extent that the person’s normal faculties were impaired. In many cases, intoxication is proven with chemical tests showing the alleged offender had a blood alcohol concentration (BAC) of 0.08 or greater.
Prosecutors take tremendous pride in their conviction rates, so they generally do not negotiate any reduction in criminal charges unless there appears to be some aspect of their cases that may result in them losing at trial. A few of the common issues that a criminal defense attorney may identify with the evidence in DUI cases that can lead to prosecutors being more willing to negotiate a reduced charge include, but are not limited to:
- Alleged offender refused to submit to testing;
- Alleged offender’s BAC was less than 0.08;
- Dashboard camera video does not support arresting officer’s observations;
- Improper calibration of breath test device;
- Improperly administered field sobriety tests or chemical tests; or
- Unlawful traffic stop.
When an alleged offender appears willing to take a DUI case to trial, a prosecutor may be more willing to accept that person pleading guilty to reduced charges than taking the chance of losing the case.
Under Florida Statute § 316.193, a first conviction for DUI is a first-degree misdemeanor that is punishable by:
- Up to six months in jail;
- Fine of at least $500 up to $1,000;
- Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required;
- Minimum 180 days up to one year revocation of driver’s license; and
- Possible installation of ignition interlock device (IID) on all vehicles owned or driven by the alleged offender.
By comparison, reckless driving is a second-degree misdemeanor. Florida Statute § 316.192(5) established the following penalties for wet reckless offenses involving the use of alcohol:
- Up to 90 days in jail;
- Fine of at least $25 up to $500; and
- Completion of a DUI program substance abuse education course and evaluation.
A wet reckless conviction does not involve the loss of driving privileges that results from a DUI conviction, and alleged offenders may also have adjudication withheld so criminal records can be sealed upon successful completion of probation. While a reckless driving conviction is not the same as a DUI on a person’s criminal record, that wet reckless charge will count as a previous DUI offense if the alleged offender happens to be arrested for any subsequent drunk driving charge.
Hernando Community Coalition — The Hernando Community Coalition (HCC), formerly known as the Hernando County Community Anti-Drug Coalition, is an organization that was formed to address and reduce your substance abuse. On thsi section of the website, you can view the most recent report that includes a wide variety of data, including impaired driving statistics. Learn more about DUI arrests in Hernando County as well as the number of youths who reported driving a car while impaired or riding in a car driven by somebody who had been drinking alcohol.
Hernando County Community Anti-Drug Coalition
13194 Spring Hill Drive
Spring Hill, FL 34609
Florida Statute § 316.192 — View the full text of the Florida Statute for reckless driving. Subsection (5) addresses reckless driving offenses involving the use of alcohol, chemical substances, or controlled substances. Learn more about the requirements of alleged offenders convicted of these offenses as well as the penalties of failure to comply with court requirements.
Ashley M. Aulls, P.A. | Brooksville DUI Reduction Lawyer
If you were arrested for DUI in West Central Florida, it will be in your best interest to immediately seek legal representation for help determining whether you may be able to have the criminal charges reduced or dismissed. Ashley M. Aulls, P.A. aggressively defends clients all over Hernando County, Pasco County, Sumter County, and Citrus County.
Brooksville criminal defense attorney Ashley Aulls works tirelessly to help people achieve the most favorable outcomes to their criminal cases. You can have him provide a full evaluation of your case when you call (352) 593-4115 or submit an online contact form to take advantage of a free initial consultation.