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Can a Florida DUI be Pleaded Down to a Wet Reckless?

August 15, 2018
By The Wiseman Law Firm

If you have been arrested for a DUI in Florida, a conviction can result in serious consequences. You may serve time in jail, your driver’s license may be suspended for an extended period of time, you are subject to costly fines, and your professional and personal reputations may be damaged.

However, it may be possible to have your charges reduced to a “wet reckless.” Florida doesn’t prohibit plea bargaining in DUI cases.

Wet reckless is a reckless driving charge that is specifically associated with alcohol or drug use. The penalties for reckless driving include a maximum jail sentence of 90 days, a fine of up to $500, and four points being added to your state’s driver’s license. Additionally, DUI alcohol class and evaluation is part of the sentence.

The benefits of pleading to a wet reckless are simple to understand: the penalties for a reckless driving are less severe than those for DUI. For example, a first-time DUI conviction can result in a maximum jail sentence of six months, fines of up to $1,000, and losing your driver’s license for up to six months.

The prosecutor will typically review the case to determine whether to reduce the charge to reckless driving, often through a plea deal. The main factor considered by the prosecutor is if a guilty verdict can be reached at trial. The more concerned the prosecutor is about a “not guilty” verdict, the more likely the prosecutor will be willing to reduce the charge. Other factors include concerns about the chemical test reading, the legality of the stop or arrest, or even the defendant’s willingness to stand trial.

While a wet reckless is quite valuable in resolving a DUI case in order to avoid DUI conviction, it is often difficult to prove under Florida law. That is why it is imperative to obtain legal representation from a skilled criminal defense lawyer who can evaluate your case and determine all of your legal options to get the most favorable results.

Contact The Wiseman Law Firm and schedule a free consultation for more information today.

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