Florida’s Wet Reckless Provisions
Drunk driving is often referred to as DUI, DWI, OUI and other such terms. DUI stands for drinking under the influence basically meaning driving or operating a vehicle under the influence of body or mind altering substances such as alcohol, drugs or prescription medication. This article will consider Florida’s wet reckless provisions. Florida permits a wet reckless plea bargain. It is possible for a prosecutor to agree to change a driver’s DUI offense to a wet reckless or lesser offense. While the provision is present because of public pressure most prosecutors are selective about making such plea bargains. The normal possible criteria that could allow a plea bargain for a wet reckless offense is as follows:
- Where the driver’s BAC was at the borderline (i.e. 0.08%) or slightly below the BAC requirement.
- Where the accident caused no property damage or injury
- Where it is the driver’s first offense
A wet reckless is treated like a second degree misdemeanor which is less than a first offence DUI. The advantage of having a wet reckless is that the driver has no DUI conviction on their record. Therefore, it is treated as though they did not commit a DUI at all. There is no jail time associated with it. The fines are lower than the that attached to a first offense DUI.
Florida’s wet reckless provisions: Second Offenses
However, in the event you commit a second offense in respect of a DUI and are arrested the wet reckless is treated like a prior DUI conviction. The newer arrest is handled like a second offense which is accompanied with the relevant penalties.
While the option of a plea bargain for wet reckless may prove to be advantageous at the time, it allows for first offenders to get a second chance at never offending again. However, if it is a quick get out of jail free card soon offenders will be on their second offense.
If you are involved in a DUI related accident and are looking for attorneys in Tampa, Florida seek out a renowned law firm of professionals.