Wet Reckless

Hire a DUI Attorney to Fight a Wet Reckless 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 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.

If you were arrested for DUI in Miami, Fort Lauderdale, or anywhere in South Florida, it is in your best interest to immediately retain legal counsel. Evan Hoffman is an experienced 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 if you are in Miami, 954-524-4474 if you are in Broward County, 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; and
2. 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 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 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 test.

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.