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Wet Reckless

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

Lawyer for Wet Reckless Arrests in Miami-Dade County, FL

If you were arrested for DUI in South Florida, it is in your best interest to immediately retain legal counsel. The Hoffman Firm aggressively defends clients accused of drunk driving in numerous communities in and around Miami-Dade County, such as Miami, Coral Gables, Hialeah, North Miami, Aventura, Opa-Locka, South Miami, Key Biscayne, and many others. 

Evan A. Hoffman is an experienced criminal defense attorney in Miami who will work tirelessly to help you achieve the most favorable resolution to your case that results in the fewest possible consequences. Call (305) 249-0090 right now to have our lawyer provide an honest and thorough evaluation of your case during a free, confidential consultation.


North Miami Wet Reckless Information Center


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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: 

  • The alleged offender drove or was in actual physical control of a vehicle; and 
  • While driving or in actual physical control of the vehicle, the alleged offender was under the influence of alcoholic beverages, a chemical substance, or a controlled substance to the extent that his or her normal faculties were impaired; or had a blood or breath-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath. 

If a prosecutor may be unable to prove either of those elements satisfactorily, he or she could 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 observations of arresting officer's report or shows alleged offender did not exhibit any signs that his or her normal faculties were impaired; 
  • Unlawful traffic stop; 
  • BAC less than 0.08; 
  • Improperly calibrated breathalyzer; or 
  • Improperly administered breath, blood, or urine tests.

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 blood alcohol concentration (BAC) of 0.15 percent or more or is also charged with manslaughter resulting from the operation of a motor vehicle or vehicular homicide.


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Wet Reckless Penalties in Miami-Dade County

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 months in jail; 
  • Up to one-year revocation of driver’s license; 
  • Mandatory 50 hours of community service; and 
  • Completion of a DUI program substance abuse education course and evaluation. 

A wet reckless offense, however, is punishable by: 

  • Fine of up to $500; 
  • Up to 90 days in jail; and 
  • 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 individual is arrested for a subsequent drunk driving offense.


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Wet Reckless Resources in Florida

Florida Statute § 316.192 — Read the full text of Florida's state law relating to reckless driving offenses. Offenses involving the use of alcohol, chemical substances, or controlled substances are addressed in subsection (5) of the statute. The court must order the convicted person to complete a DUI program substance abuse education course and evaluation in these cases.

Licensed DUI Programs in Florida | Department of Highway Safety and Motor Vehicles (FLHSMV) — View a complete listing of all licensed DUI programs in Florida on this section of the Visit this section of the FLHSMV website. The Level I educational courses are for first-time offenders and Level II courses are repeat offenders. A minimum of 12 hours of classroom instruction is involved in Level I course, but Level II has a minimum of 21 hours of classroom time.


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Find a Wet Reckless Defense Attorney in Miami, FL

Were you arrested in the greater Miami-Dade County area 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 A. Hoffman represents residents and visitors in Coral Gables, Homestead, Hialeah, Doral, Aventura, North Miami, South Miami, Key Biscayne, Miami Beach, and several other nearby communities in South Florida. 

You can have our attorney review your case and answer all of your legal questions as soon as you call (305) 249-0090 or complete an online contact form to receive a free initial consultation.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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