If you are charged with a
DUI in Florida, you could face jail time, fines, license suspension, and a
host of other penalties if convicted. Additionally, having a DUI conviction
on your record can affect the opportunities you have in life, such as
employment, education, and housing.
While having an experienced criminal defense attorney on your side can
increase your chances of getting your case dismissed, sometimes the circumstances
surrounding the case can make it difficult to obtain such a decision.
Fortunately, you may be able to work out a reduced “wet reckless charge.
Florida is one of the few states that have a wet reckless statute. Your
lawyer will enter into negotiations with the prosecutor for a plea bargain.
In most cases, the prosecutor may allow a plea bargain where the evidence
is weak and does not support a drunk driving conviction.
A wet reckless may be possible under the following circumstances:
- Your BAC level was borderline
- You were not actually impaired, despite having a BAC over the legal limit
- This is your first DUI arrest
- You have no prior DUI arrests or convictions
- You did not cause an accident resulting in bodily harm or property damage
The main difference between a DUI and wet reckless are the penalties. Additionally,
have a wet reckless on your criminal record does not have the same negative
impact as having a DUI.
The following are the benefits of wet reckless compared to DUI:
Reduced jail sentence – A first-time wet reckless results in a jail sentence of up to
90 days, or not more than six months of probation. On the other hand,
a first-time DUI is punishable by a maximum jail sentence of six months.
Lower fines – A first-time DUI conviction can lead to a maximum fine of $1,000.
By contrast, the maximum fine for a first-time wet reckless is $100.
No license suspension – Although you get four points added to your driving record, you
can still retain your driving privileges with wet reckless. A first-time
DUI can result in license suspension for up to one year.
No community service and DUI school – Under Florida law, the court is not required to impose community
service hours or DUI school, which are mandated in a DUI case.
Seal your record – If you enter a plea for wet reckless, the court can withhold adjudication
which allows you to seal the criminal record once you complete probation.
If you would like to know more about your options for drunk driving or
contact Stepniak & Park and request a
free consultation with our Daytona Beach criminal defense lawyer today.