You probably have never wanted to receive a reckless driving offense. However, if it's to reduce a drinking under the influence (DUI) charge, you might welcome it. The term "wet reckless" is used to describe a reckless driving charge involving impairment from alcohol.
A wet reckless charge is normally the result of a reduced driving under the influence (DUI) offense. In many of these cases, the attorney is fighting to have the DUI reduced to a reckless driving. Reckless driving offenses carry lighter penalties.
Not everyone can have their DUI charges reduced. For instance, Florida Statute § 316.656 establishes that a judge cannot accept a lesser offense from a person charged who had a blood alcohol concentration (BAC) of 0.15 percent or more. The prosecutor and defense attorney often get around this rule by entering into a stipulation that the BAC was actually below .15, although the court must also go along with the stipulation before the court can accept the negotiated plea.
If there is a lack of evidence and you have a strong legal defense in your DUI case then you could possibly have your charge reduced to wet reckless. An even better outcome is getting the charge dropped completely.
Attorney for Wet Reckless in Brooksville, Florida
Have you been arrested recently for drunk driving in the Central Florida area? Ashley M. Aulls, P.A. is passionate about preserving Floridian rights with experience in fighting DUI cases.
Ashley M. Aulls, P.A. will aggressively fight for your case and help you mount a good defense. If you have been charged with a DUI crime, it is in your best interest to contact Ashley M. Aulls, P.A.. We represent clients all over Hernando County and the other counties including Sumter County, and Citrus County, Florida.
Call (352) 593-4115 or fill in an online contact form today.
Elements for Wet Reckless Eligibility in Florida
Florida Statute § 316.193 states that the State must prove the following elements beyond a reasonable doubt in order to convict a person of a DUI:
- The alleged offender was under the influence of alcoholic beverages, a controlled substance, or a chemical substance. The prosecution must prove that the offender's normal faculties were impaired; or had a blood alcohol level of 0.08 or more; and
- The alleged offender drove or was in actual physical control of a vehicle.
Sometimes the conditions of a DUI are difficult to prove beyond a reasonable doubt. A prosecutor then may seek a reckless driving charge. This is what many refer to as a wet reckless conviction. A conviction for a wet reckless carries lesser penalties than for DUI.
Some common reasons why the prosecutor might be willing to reduce the DUI to reckless driving include, but are not limited to:
- Improperly administered field exercises;
- Unlawful traffic stop;
- Improperly calibrated breath test device;
- Alleged offender's BAC was less than 0.08;
- Alleged offender did not submit to chemical testing;
- Dashboard camera video footage conflicts with the arresting officer's observations in the police report
DUI vs. Wet Reckless Penalties in Florida
A first DUI offense is commonly a first-degree misdemeanor in Florida. The penalties for driving under the influence are very harsh, even for first time offenders.
First time DUI conviction penalties include:
- Up to six months in jail;
- Fine of up to $1,000;
- Up to one year revocation of driver's license;
- Mandatory 50 hours of community service; and
- Completion of a DUI program substance abuse education and evaluation
A reckless driving conviction is considered a second-degree misdemeanor in Florida. Although it is still a misdemeanor, the adjoining punishments for a wet reckless charge are significantly less severe.
First time wet reckless conviction penalties include:
- Up to 90 days in jail;
- Fine of up to $500; and
- Completion of a DUI program substance abuse education course and evaluation.
Florida Statute § 316.192 – Visit the Florida Legislature's website to read the statutory language surrounding reckless driving under state law. See the offenses that are considered reckless driving, their adjoining penalties and exceptions.
Licensed DUI Programs in Florida | Department of Highway Safety and Motor Vehicles (FLHSMV) – Visit the Florida Department of Highway Safety and Motor Vehicles website and view the complete listing of all licensed DUI programs statewide. Read on how the educational courses are organized by offense, and what it takes to finish a complete course.
Locating a Wet Reckless Lawyer in Hernando County, FL
Have you been arrested in the Hernando County area for a DUI? Do not let the penalties overwhelm you and fight back. It is important you contact Ashley M. Aulls, P.A. today to get legal representation from a criminal defense attorney.
Ashley Aulls has 20 years of experience. He has handled many DUI cases and will investigate all the circumstances regarding your drunk driving offense. Ashley M. Aulls, P.A. will use any information to formulate a good defense.
Ashley M. Aulls, P.A. represents clients in all of the counties surrounding Hernando County including Inverness in Citrus County, Brooksville in Hernando County, and Bushnell in Sumter County, Florida.
Ashley Aulls is knowledgeable in DUI offenses. He is familiar with the local law enforcement agencies that make a DUI arrest in Hernando County including Hernando County Sheriff’s Office, the Sumter County Sheriff's Office, and the Bushnell Police Department; the Citrus County Sheriff's Office.
Be proactive and take charge of your DUI charge today. Call (352) 593-4115 or submit an online contact form to see if you are eligible to get your charges reduced.
This article was last updated by Jordan Anderson, on June 29th, 2018.