Miami, Florida Wet Reckless Attorney

Respected Lawyer Addressing DUI and Reckless Driving Charges in Miami

A "wet reckless" offense refers to a reckless driving charge that is usually the result of a plea bargain stemming from an arrest for driving under the influence (DUI) in Florida. Reckless driving convictions carry much fewer penalties than DUI convictions, but not all people are eligible for such plea bargains.

People who plead guilty to wet reckless not only face less jail time and lower fines, but they may also avoid having their driver's licenses suspended. Wet reckless convictions also typically have less impact on a driver's automobile insurance rates.

If you were arrested for DUI in Miami or anywhere in South Florida, it is in your best interest to immediately retain legal counsel. Evan Hoffman is an experienced criminal defense attorney who will work tirelessly to help you achieve a favorable resolution to your case, one that results in the fewest possible consequences. Call 305-249-0090 now or contact our firm online to get started.

Florida Wet Reckless Charges

In order to convict a person of a DUI offense in Florida, Chapter 28.1 of the Florida Standard Jury Instructions establishes that the State must prove two elements beyond a reasonable doubt:

1. The alleged offender drove or was in actual physical control of a vehicle.
2. While operating the vehicle, the alleged offender had a blood or breath-alcohol level of 0.08 percent or more or was under the influence of alcohol, controlled substances, or other substances that caused their normal faculties to become impaired.

If a prosecutor is unable to prove either of those elements satisfactorily, they may be more willing to reduce the criminal charges. Examples of reasons that DUI charges are commonly reduced to wet reckless offenses include, but are not limited to:

• Dashboard camera video footage contradicts the observations in the arresting officer's report or shows that the alleged offender did not exhibit any signs that his or her normal faculties were impaired.
• The traffic stop was unlawful.
• The driver had a BAC less than 0.08 percent.
• The breathalyzer used to measure a driver's BAC was improperly calibrated.
• A breath, blood, or urine test was not administered properly.

It is important to note that Florida Statute § 316.656 states that no judge can accept a plea of guilty to a lesser offense from a person charged with DUI if he or she had a BAC of 0.15 percent or more or if he or she is also charged with manslaughter or vehicular homicide.

Wet Reckless Penalties

The major difference between a DUI conviction and a wet reckless conviction concerns the possible punishments for the alleged offender. A first DUI offense is typically a first-degree misdemeanor, while reckless driving is a second-degree misdemeanor.

First DUI convictions are generally punishable by:

• Fine of up to $1,000
• Up to six (6) months in jail
• Up to one (1) year revocation of driver's license
• Mandatory fifty (50) hours of community service
• Completion of a DUI program substance abuse education course and evaluation

A wet reckless offense is punishable by:

• Fine of up to $500
• Up to 90 days in jail
• Completion of a DUI program substance abuse education course and evaluation

Wet reckless convictions can result in four points being added to a person's Florida driving record, but no points will be added if the court withholds adjudication. If adjudication is withheld, the alleged offender can also petition to have his or her criminal record sealed.

An important "catch" to a wet reckless conviction is that while the offense is not reflected as a DUI conviction on a person's criminal record, it can still count as a DUI conviction for purposes of counting repeat offenses, if that person is arrested for a subsequent drunk driving offense.

Contact Our Miami, FL Wet Reckless Defense Lawyer

Were you arrested in Miami for an alleged DUI offense? You will want to contact The Hoffman Firm as soon as possible to see if you might be able to get your criminal charges reduced or completely dismissed.

Miami criminal defense lawyer Evan Hoffman represents residents and visitors in Fort Lauderdale, Coral Gables, Homestead, Hialeah, Doral, Aventura, North Miami, South Miami, Key Biscayne, Miami Beach, and several other nearby communities in South Florida. Call 305-249-0090 now for more information. Contact us to set up a free consultation.