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Auto Accidents: Florida’s Wet Reckless Provisions

Auto Accidents: Florida’s Wet Reckless Provisions

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:

Auto Accidents: Florida’s Wet Reckless Provisions

Auto Accidents: Florida’s Wet Reckless Provisions


  • 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.


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