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Wet Reckless Charges

The term "wet reckless" refers to a reckless driving charge involving impairment from alcohol. Although most do not want any reckless driving charges on their record, a wet reckless has significantly lesser penalties than a driving under the influence (DUI) charge.

A person must be eligible to qualify for wet reckless charges, and not everyone is able to have their DUI charges reduced. For example, the Florida Statute § 316.656 states that the judge cannot accept a lesser offense than a DUI if the accused had a blood alcohol concentration (BAC) of 0.15 percent or more.

If there is a lack of evidence and you have strong legal representation, you may be able to reduce your DUI charges to a wet reckless. It is in your best interest to contact a criminal defense attorney if you have been charged with an DUI.

Gainesville Lawyer for Wet Reckless Charges in Florida

Have you been charged with DUI in the North Central Florida area? The attorneys at Galigani Law Firm are understanding of our clients and aggressive in the courtroom. Do not face your judge or jury alone, contact an experienced criminal defense attorney at Galigani Law Firm today.

Our attorneys will fight for your rights and help you mount a good defense. Get in contact with an attorney from a law firm that has been recognized for their legal excellence through prestigious associations such as the Eighth  Judicial Circuit Bar Administration, the Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Lawyers. We want to be your partner in this process. Get in touch with an attorney who is knowledgeable in Florida wet reckless laws.

Galigani Law Firm creates defenses for clients throughout the greater Alachua County area and nearby counties including Levy County, Bradford County, Columbia County, Marion County, Alachua County, Gilchrist County, Union County, and Baker County.

Dial (352) 375-0812 or submit an online contact form for a free consultation today.

Overview for Wet Reckless Charges in Florida


Elements for a Wet Reckless under Florida Statute § 316.193

The Florida Statute § 316.193 illustrates that the State must prove the following elements beyond a reasonable doubt in order to convict a person of a DUI include:

  • The defendant drove or was in actual physical control of the vehicle; and
  • The defendant was under the influence of alcoholic beverage, a controlled substance, or a chemical substance. The prosecution must prove that the offender's normal faculties were impaired; or had a blood alcohol level of 0.08 or more.

It can be difficult for the prosecution to prove the defendant was intoxicated beyond a reasonable doubt. When this happens, the State may propose to reduce the charges to a wet reckless. Convictions for wet reckless charges carry lesser penalties than a DUI.

A few reasons why the prosecutor might reduce the DUI to a wet reckless include:

  • Unlawful traffic stop;
  • Improperly calibrated breath test device;
  • Dashboard camera video conflicts with the arresting officer's observations in the police report;
  • Alleged offender did not submit to chemical testing;
  • Alleged offender blood alcohol concentration levels were less than 0.08; or
  • Improperly administrated field exercises.

DUI vs. Wet Reckless Penalties in Florida

Driving under the influence charges has severe penalties. Even first-time offenders for DUI charges are treated harshly. A first DUI offense is commonly a first-degree misdemeanor in Florida.

 Some first time DUI conviction penalties include:

  • Fine up to $1,000;
  • Up to six months in jail;
  • Up to one year revocation of driver's license;
  • Mandatory 50 hours of community service; and
  • Completion of a DUI program substance abuse education and evaluation.

Reckless driving convictions, however, are considered second-degree misdemeanors in Florida. Although they are both misdemeanors, the adjoining penalties for second-degree misdemeanors are less serious. A reduced DUI charge is normally a wet reckless, resulting in a second-degree misdemeanor.

A first time wet reckless conviction penalties include:

  • Fine up to $500;
  • Up to 90 days in jail; and
  • Completion of a DUI program substance abuse education course and evaluation.

Additional Resources

Licensed DUI Programs in Florida | Department of Highway Safety and Motor Vehicles (FLHSMV) – Visit the Florida Department of Highway Safety and Motor Vehicles website and view the complete listing of all licensed DUI programs statewide. Read on how the educational courses are organized by offense, and what it takes to finish a complete course.

Florida Statute § 316.192 – Visit the Florida Legislature's website to read the statutory language surrounding reckless driving under state law. See the offenses that are considered reckless driving, their adjoining penalties and exceptions.


Find a Attorney for Wet Reckless Charges in Florida

Have you been arrested in the North Central Florida area for a DUI? You may be eligible to have your charge reduced to a wet reckless. Do not let these penalties overwhelm you. Fight back with an experienced criminal defense attorney from Galigani Law Firm.

The attorneys at Galigani Law Firm have decades of practice in Florida wet reckless laws. Put your rights first and have an attorney on your side who has been Board Certified in Criminal Law by the Florida Bar's Certification Board. We understand our client's situations and that every story has two sides. Let us be your partner in this legal process. Our attorneys practice criminal law throughout the Eighth Judicial Circuit area and adjoining counties including Lake City in Columbia County, Bronson in Levy County, Gainesville in Alachua County, Ocala in Marion County, Lake Butler in Union County, Macclenny in Baker County, Trenton in Gilchrist County, and Starke in Bradford County.

Do not give up hope and have some peace of mind. Call (352) 375-0812 or schedule an online appointment for a free consultation today.


This article was last updated by Jordan Anderson, on June 27th, 2018.