Reckless driving and wet reckless are two distinct offenses under Florida law, each carrying different legal penalties and other consequences. It’s crucial for anyone involved in traffic-related incidents resulting in criminal reckless or DUI charges to understand the differences between these two charges. In this article, we explain the legal definitions, elements, and penalties associated with both offenses to eliminate any confusion you might have about reckless driving or what is referred to as a ‘wet reckless.”
At Stechschulte Nell, Attorneys at Law in Tampa, our criminal defense lawyers have extensive experience representing people charged with a wide range of traffic-related offenses. Among the most frequent offenses we deal with are DUI, reckless driving, and wet reckless driving. If you are charged with any reckless or alcohol-related criminal offense in central Florida, including any DUI, contact our office to discuss how we can help.
What’s Reckless Driving in Florida
Reckless driving in Florida is defined under Florida Statutes § 316.192 as driving a vehicle with a willful or wanton disregard for the safety of persons or property. The prosecutor needs to prove these elements of this offense to convict a defendant:
- Willful or Wanton Disregard: This is the driver’s conscious and intentional indifference to the consequences of their actions, which poses a significant risk to others.
- Operation of a Vehicle: The law applies to the operation of any motor vehicle, including cars, trucks, motorcycles, and other motorized vehicles.
- Safety of Persons or Property: The behavior must endanger or have the potential to endanger people or property.
Note: An alternative way to be convicted of reckless driving in Florida is to be proven guilty of “fleeing a law enforcement officer in an automobile. To do so is reckless driving, per se.
Examples of driving behavior that could be charged as reckless driving include excessive speeding, aggressive weaving through traffic, and running red lights or stop signs without regard for the safety of others.
Penalties for Reckless Driving
The penalties for reckless driving in Florida depend on whether it is the defendant’s first or subsequent offense and whether the reckless driving resulted in any property damage or bodily injury to someone other than the driver.
First Offense: A first-time conviction for reckless driving is a second-degree misdemeanor. The penalties include:
- Up to 90 days in jail.
- Fines ranging from $25 to $500.
- Probation, community service, and mandatory driving courses.
Second or Subsequent Offenses: A second or subsequent reckless driving conviction is also a second-degree misdemeanor, but the penalties are more severe:
- Up to six months in jail.
- Fines ranging from $50 to $1,000.
Reckless Driving Causing Property Damage: If the reckless driving involved in the case results in property damage, the offense is elevated to a first-degree misdemeanor, raising the penalties to:
- Up to one year in jail.
- Fines up to $1,000.
Reckless Driving Causing Serious Bodily Injury (Felony): When reckless driving results in serious bodily injury, it escalates to a third-degree felony. Penalties include:
- Up to five years in prison.
- Fines up to $5,000.
- Restitution to the injured parties.
What’s Wet Reckless in Florida
“Wet reckless” is not a formal legal term in Florida statutes but rather an informal term used to describe a plea bargain in DUI (Driving Under the Influence) cases. When a DUI charge is reduced to a reckless driving charge involving alcohol, it is often referred to as a wet reckless. This reduction is negotiated between the defense attorney and the prosecutor and approved by the court.
The benefit of having your DUI charge amended to a “wet reckless” is not that the driver avoids penalties. On the contrary, the penalties imposed for a “wet reckless” are stiff. However, a “wet reckless” conviction can be expunged from the driver’s public criminal record under certain circumstances. A DUI conviction, even a first offense, can never be expunged under Florida law.
The elements of a wet reckless charge are similar to those of reckless driving, but it includes the additional factor of alcohol, or drugs being involved. The prosecution must establish that the defendant was driving recklessly and that there was some evidence of alcohol or drug impairment, even if it was not sufficient to meet the threshold for a DUI conviction.
Penalties for Wet Reckless
The penalties for a wet reckless conviction are generally less severe than those for a DUI but more stringent than for a standard reckless driving offense. The specific penalties can vary based on the terms of the plea agreement and the judge’s discretion. Common penalties include:
- Fines: $500 fine. Fines for wet reckless are higher than those for standard reckless driving but lower than DUI fines.
- Jail: Up to 90 days in jail, and probation during which the court may impose certain conditions with which the defendant must comply, such as attending alcohol education or treatment programs.
- Community Service: Complete a certain number of community service hours.
- Alcohol Education and Treatment Programs: Participation in programs aimed at educating the defendant about the dangers of alcohol and drug use and providing treatment if necessary.
- Driver’s License Suspension: Wet reckless does not require a license suspension. However, an administrative suspension may already have been imposed prior to the negotiation of the wet reckless agreement. The defendant can usually obtain a restricted license to permit them to work or otherwise conduct business.
- Ignition Interlock Device: In some cases, the judge can require the defendant to install an ignition interlock device (IID) on their vehicle, which prevents the car from starting if alcohol is detected on the driver’s breath.
NOTE: Although a wet reckless may be expunged from a driver’s public criminal record, it remains on record for purposes of ensuring that a subsequent DUI charge within 5 years is treated as a second offense.
Read More > What is Wet Reckless in Florida?
The Importance of Getting an Experienced DUI / Reckless Driving Defense Lawyer in Florida
The distinction between a reckless driving charge and a DUI reduced to a ‘wet reckless” charge is key to properly defending a Florida driver facing either of these charges. At Stechschulte Nell, one of our DUI and reckless driving defense lawyers is a board-certified criminal defense lawyer, one of very few in Florida. Board certification is a credential achieved by only the best lawyers whose past performance, devotion to the client, and respect among the legal community warrants special recognition.
Your case is our priority when you work with Stechschulte Nell, Attorneys at Law. Call 813-280-1244 for a case review today.
