Florida is among some of the states that allow for a possible reduction of a DUI or DWI charge to what is known as a “wet reckless” charge, a lesser offense that carries a less harsh penalty. This possible route toward a lesser charge is usually reserved for a first offense, if the driver’s blood alcohol level was at .08% or even slightly below, and if there were no injuries or property damage. Penalties associated with a wet reckless conviction, which is a second-degree misdemeanor, can include up to 90 days spent in prison or 6 months of probation (jail time is unlikely for a first offense), a fine of up to a $100, and 4 points added to your driving record.
These penalties are significantly lighter than one would be subjected to if the charge were not reduced. A first offense DUI could include a fine of up to $1,000, 180 days to 1 year driver’s license suspension, vehicle impoundment, up to 6 months in prison or probation, community service hours, and attendance to an alcohol awareness or treatment program.
However, if you have a second offense, despite not having a DUI record because of the charge reduction, it will still be treated as a second offense and the penalties will be severe and likely include some jail time. While it is possible that a prosecutor might offer a wet reckless charge on your second offense, it is not likely.
The lawyers at Musca Law have years of experience in successfully handling criminal hearings and DUI formal administrative review hearings. We know that this can be a confusing and intimidating experience, so we are here to ensure that your rights are vigorously defended. Additionally, we are certified in Breathalyzer Operation and can pinpoint mistakes in that area. Our phones are answered 24/7, so give us at a call at 800-687-2252 for a free case evaluation.