Penalties and Defenses for a Wet Reckless in Florida
In Florida, judges may charge an intoxicated driver with a DUI or a wet reckless. Here’s everything you need to know about penalties and defenses for a wet reckless charge in Florida.
A wet reckless carries lesser penalties than a DUI charge. As a result, many individuals attempt to reduce a DUI charge to a wet reckless charge. In some cases, the defendant may plead not guilty to all charges. The defendant should consult with an attorney to determine the best defense when facing any intoxicated driving charges.
What is a Wet Reckless?
A “wet reckless” is a reckless driving charge involving alcoholic impairment. According to Florida State Statute §316.192, any person who drives any vehicle in willful or wanton disregard for others’ safety or property is guilty of reckless driving.
A wet reckless is different from a DUI. Since a wet reckless is a subset of reckless driving charges, a wet reckless is a significantly less serious offense than a DUI. An individual initially convicted of a DUI may have their charges reduced to a wet reckless under specific conditions.
Related: Negligent vs Reckless Driving: What’s the Difference?
Why would Florida reduce the charge from a DUI to a wet reckless?
Florida may reduce an individual’s charge from a DUI to a wet reckless charge if the prosecutor cannot prove the defendant was intoxicated beyond a reasonable doubt. Further, the prosecutor may reduce the charge if the defendant was not impaired to the point of a DUI charge.
The prosecutor may reduce the charge if the arrest included:
- An unlawful traffic stop,
- An improperly calibrated breath test device.
- Conflicting dashboard camera footage and arresting officer police report,
- An offender who refused or did not submit to chemical testing,
- A blood alcohol concentration below 0.08, or
- Improperly administered field exercises.
In addition, some Florida State Attorneys use wet reckless charges as a leniency tool. The state attorney may charge an individual with a wet reckless instead of a DUI if the individual appears deserving of leniency or enters a plea deal. Florida possesses no standards to determine who is deserving of leniency.
In Florida, each DUI and wet reckless case is unique. Thus, individuals should always consult an attorney when seeking a charge reduction.
Penalties for a Wet Reckless Charge in Florida
Penalties for a wet reckless charge in Florida are less severe than DUI penalties. However, courts still classify wet reckless charges as reckless driving charges. Reckless driving convictions are second-degree misdemeanors in Florida.
Common penalties for a first-time wet reckless charge include:
- Fines up to $500,
- Up to 90 days in jail, and
- A DUI program substance abuse education course and evaluation.
Common penalties for a repeat wet reckless offender include:
- Six months in jail,
- Up to $1000 in fines,
- Four points added to Florida driver’s license record, and
- A DUI program substance abuse education course and evaluation.
Unlike a DUI charge, wet reckless convictions rarely require license suspensions. However, failure to complete the required DUI program substance abuse education course and evaluation may result in a license suspension.
Related: How to Prove an Injury Is From a Car Accident
Are there defenses against a wet reckless charge in Florida?
If a judge charges an individual with a wet reckless, the individual may always plead “not guilty.” While a wet reckless charge is preferable to a DUI charge, a wet reckless plea still results in a criminal record, points on an individual’s driver’s license, and other penalties.
Individuals should consult an attorney when pleading not guilty to a wet reckless charge. Attorneys construct unique defenses for each wet reckless charge. Thus, no standardized defense exists to combat a wet reckless conviction.
FAQs About Wet Reckless in Florida: Penalties & Defenses
Does the offender’s blood alcohol content (BAC) impact a DUI or wet reckless charge in Florida?
Yes, if the offender’s BAC was below 0.08 at the time of arrest, the offender is often eligible for a charge reduction. On the other hand, according to Florida Statute § 316.656, a judge may not reduce a DUI charge to any lesser charge if the offender’s BAC was 0.15 or more at the time of the arrest.
Will a wet reckless charge impact an individual’s insurance?
Yes, if the court finds an individual guilty of a wet reckless charge, their insurance rate will rise. However, a wet reckless charge will not increase insurance rates to the same extent as a DUI conviction. Unlike a DUI conviction, a reckless driving charge will not require individuals to obtain FR-44 insurance.
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