If you are pulled over by police while driving in Florida and are found to have alcohol in your system, you will likely be charged with driving under the influence (DUI), a conviction of which can have serious repercussions. However, in certain circumstances, it may be possible to plead to the crime of reckless driving, which avoids many of the consequences of a DUI conviction. Because alcohol is involved, this form of plea bargain is commonly known as a “wet reckless.”

Potential penalties for a first-time conviction of DUI can include a fine of up to $1,000 and up to six months of jail time, or one year if the driver caused an accident. Just as significant, there is mandatory license revocation of six months to one year. The criminal penalties and revocation periods increase for second and subsequent offenses.

The crime of reckless driving is defined by Florida statute as operating a vehicle “in willful or wanton disregard for the safety or persons or property.” The penalties for a conviction are generally lower than for DUI, there is no mandatory license revocation and fewer points are likely to be added to the driver’s license, all of which make a “wet reckless” plea bargain an attractive option.

A DUI defense attorney can often negotiate such a plea with the prosecutor if the defendant has a clean record or if the state has a weak case due to questionable evidence of intoxication. To obtain a conviction of DUI in Florida, the prosecutor must prove that the defendant operated a vehicle while under the influence of alcohol or drugs “to the extent that the person’s normal faculties are impaired.” This may be established by a blood alcohol test, but the results are sometimes inconclusive. What’s more, a driver may have refused to take the test, which means DUI must be proved by other evidence. There may also be questionable conduct by the police that could constitute constitutional violations.

In accepting a plea to reckless driving, a judge who has reasonable cause to believe alcohol or drug use was involved in the violation will direct the defendant to complete a DUI program substance abuse education course and evaluation. Still, this is a preferable alternative to license revocation.

The most important step you can take after being arrested for DUI is to engage a criminal defense attorney to represent you. The Law Offices of Tad A. Yates, P.A. in Orlando has extensive experience defending DUI cases and seeking favorable reductions in charges, including wet reckless pleas. Feel free to contact us online or call 407-608-7777 for an initial consultation.