“Wet reckless” is term used to describe a plea bargain in DUI cases. The plea is considered a substantial improvement over a DUI conviction in Florida. Under a “wet reckless” plea, a defendant pleads guilty or no contest to a lesser charge of reckless driving involving alcohol. When someone is charged with a DUI in Florida, it is only through the knowledgeable and tactful arguments and negotiation skills of their DUI defense lawyer that a “wet reckless” disposition is realized.
As longtime experienced Florida DUI defense lawyers, Stechschulte Nell has achieved successful results in hundreds of DUI cases, if not more. Even when a DUI defendant’s prosecution includes relatively strong evidence of guilt, a deep knowledge of the technical requirements needed to convict a person helps skilled defense lawyers persuade prosecutors to agree to reduce the charge to a “wet reckless.”
In this article, you will learn what a “wet reckless” really means, how it is different from a DUI conviction, and how that difference can have a positive long-term impact in a defendant’s life.
Florida’s “Wet Reckless”
Florida statutes do not formally recognize “wet reckless” as a distinct charge. Instead, it is a product of plea negotiations between the defense and the prosecution, where the original DUI charge is reduced to reckless driving with the acknowledgment that alcohol was a factor.
Under Florida law, DUI penalties include fines, license suspension, vehicle impoundment, mandatory DUI school, and even incarceration. The option of pleading to a “wet reckless” charge offers several significant advantages to the accused, including reduced penalties, no mandatory minimum jail time, shorter probation periods, and the absence of a DUI conviction on their record.
However, any defendant considering accepting a “wet reckless” plea in a DUI prosecution should understand the conditions and implications of such a plea.
Eligibility and Prosecutorial Discretion
Eligibility for a “wet reckless” plea depends on several factors, including:
- the defendant’s blood alcohol content (BAC) at the time of arrest
- prior DUI convictions
- the specifics of the current offense, such as the presence of aggravating factors (e.g., accidents, injuries, or extremely high BAC)
A “wet reckless” disposition can only be obtained with the agreement of the prosecutor. Unless the prosecuting attorney decides that a particular defendant’s case involves evidence that looks like it will be difficult to win a conviction, or the evidence is borderline, they may not offer a plea to the lesser charge of “wet reckless.”
A skilled DUI defense lawyer is key to convincing the prosecutor that the evidence is flawed, unpersuasive, illegally collected, or unreliable. To do so, the defense attorney must have a mastery of Florida DUI law as well as years of experience with DUI prosecution courtroom procedural law.
Unless your DUI defense lawyer knows exactly what a police officer is required to do before, during, and after a DUI traffic stop, they will be unable to spot an officer’s failure to comply with a required step in the process.
Penalties and Consequences
While the penalties for a “wet reckless” conviction are less severe than those for a DUI, they are not inconsequential. Defendants still face fines, probation, community service, and the requirement to complete a substance abuse course.
A “wet reckless” plea can also have implications for future DUI charges. The “wet reckless” conviction may be considered a prior DUI offense if the defendant is charged with DUI again, leading to enhanced penalties under Florida’s DUI statutes.
Insurance Impacts and License Suspension
A “wet reckless” conviction can also affect a defendant’s auto insurance premiums and coverage. Insurers are allowed to increase rates or even cancel policies due to what they perceive to be increased risk. A “wet reckless” is not an acquittal. In the eyes of an insurer, the conviction means that the driver was involved in an alcohol-related event that did not result in an expensive payout only by chance.
Furthermore, while a “wet reckless” plea may avoid some of the mandatory license suspension periods associated with a DUI conviction, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) might still impose license restrictions.
DUI Defense Strategies
An experienced Florida DUI defense attorney will use strategies that involve challenging the accuracy of BAC testing, questioning the legality of the traffic stop or arrest, and negotiating with prosecutors to achieve the most favorable outcome.
There is a long list of possible grounds on which a skilled DUI defense lawyer can challenge the legality or reliability of the evidence police collected during the DUI investigation and arrest.
- Did the initial traffic stop support by reasonable suspicion of illegal activity?
- Were there independent observations to justify field sobriety tests?
- Were the tests conducted under proper conditions and in accordance with required protocols?
- Was there a breathalyzer test, and was it conducted according to regulations?
Effective legal representation is crucial in DUI cases, especially when exploring the possibility of a “wet reckless” plea.
Read More > Reckless Driving Defense in Florida
Rely on Experienced Florida DUI Defense Attorneys
In Tampa and Orlando, Florida, Stechschulte Nell’s DUI defense attorneys have represented hundreds of clients facing DUI charges. Each case involves unique facts, and the results of every case will have an impact on the driver’s future.
We always remember how important each case is to the client’s life and we apply our decades of study, courtroom practice, and legal experience to benefit the defendant’s interests.
When the evidence in any DUI prosecution is open to challenge, whether by police error, technical mishap, or by our ability to raise other legal objections, our efforts concentrate on obtaining the most favorable outcome for our client.
For some clients, winning a reduction in the charge from DUI to “wet reckless” means a substantial benefit. It is often the best-remaining alternative if an outright dismissal or acquittal is out of reach.
Give Stechschulte Nell, Attorneys at Law a call at 813-280-1244 for assistance from experienced criminal defense attorneys.
