Is it Better to Have a DUI: Depending on the circumstances of your DUI case, you may be able to plead guilty or no contest to reckless driving as a reduced charge. This is sometimes referred to as a ‘wet reckless If you are offered this kind of plea, then a reckless driving charge may be hugely beneficial over a DUI charge.
In order to really understand the implications of a reckless driving conviction as opposed to a DUI conviction, it is best to speak to an attorney about your individual set of circumstances. Contact The Ticket Lawyers today to speak to an experienced DUI defense attorney about your case. We offer a free consultation in Florida so that you can make an informed decision.
A DUI is a serious offense with the potential for life-altering implications, including losing your job, jail time, and a conviction that remains on your record for 75 years. You should not accept charges without opposing them, and your best chance at having your charge lessened or your case dismissed is if you hire a skilled and experienced attorney, such as those found at The Ticket Lawyers. Contact us today at 855-323-8488.
“Wet reckless” is a colloquial term for DUI charge that has been reduced to reckless driving, sometimes with an additional note on the defendant’s record to say that alcohol was involved. A wet reckless can only occur in a plea deal, and will not be given in court. Therefore, if you are charged with a DUI, you may be offered the plea of reckless driving if you admit guilt. This stops you from having to face a court trial, which could result in a DUI charge with harsher penalties.
Prosecutors will generally only offer a reckless driving charge if they believe that their case against you is week. For example, perhaps your blood alcohol content was barely over the legal limit, which is 0.08% in The State of Florida, or perhaps you showed few signs of behind impaired. In these circumstances, it could be argued that the BAC reading has a margin of error. Therefore, if your case did go to trial, it might be easy to convince just one jury member that there is doubt in your case. After all, you are innocent until proven guilty, and it is up to the prosecution to prove that you committed the offense.
A skilled defense attorney may be able to negotiate for a reckless plea, especially if it is your first offense and you were barely over the limit.
A reckless driving charge is not a DUI, which means that the penalties will be less. Furthermore, you will not have a DUI conviction on your record, which can have a massive stigma and can prevent you from securing work.
The penalties for reckless driving are generally less than those for driving under the influence, for example:
• No mandatory license suspension. You could still drive to and from work, which may protect your job.
• Less jail time (or none at all). Reckless driving carries a maximum jail sentence of 90 days but often does not result in jail. Whereas, even a first time DUI could result in up to six months in jail.
• Lower fines (or none at all). DUI carries a mandatory fine of $500-$1000 for your first offense, whereas reckless driving does not.
• No mandatory installation of an ignition interlock device. An ignition interlock device requires you to blow into a mouthpiece before driving anywhere to test for alcohol.
• Shorter probation periods.
• No DUI on your criminal record. This benefit alone may save your existing job or keep you from being disqualified for different jobs in the future.
A reckless plea bargain for reckless driving often results in penalties which are less severe than those given for a DUI conviction, reckless driving is still a conviction which means that there are still consequences.
Here are the consequences you could expect from pleading guilty to reckless driving in a plea deal:
• You will still have a criminal record. Reckless driving does not carry the same weight as a DUI, but it still shows up. Therefore, you could still be prevented from securing some jobs.
• You may still face penalties like fines, probation, and jail time. Depending on the circumstances of your individual case, and the leniency of the judge, you may face maximum penalties.
• You’ll have four points added to your driving record. These points may affect your insurance rates and can lead to the cancellation of your policy.
Although reckless driving is a lesser charge, it is also a priorable offense, which means that if you are arrested int the future for another DUI, then it will still work against you. Your record may still show that alcohol was involved in your case. Therefore, if you are arrested for another DUI within ten years, your penalties will be more severe then if it was your first offense.
Before deciding if a plea deal is the most favorable option in your case, you should speak to a DUI defense attorney. As previously stated, you are likely to be offered this because of a lack of evidence in your case; therefore, with an experienced attorney at your side, you may be able to have your case dismissed entirely. The best possible outcome is to avoid any sort of conviction.
Each case is unique. Therefore you should, at the very least, seek a free consultation and get some legal advice about your case. At The Ticket Lawyers, our knowledgable attorneys will evaluate your case and will fight for the best possible outcome. A conviction of either a DUI or reckless driving could have a big impact on your life; therefore, you should do all you can to avoid a conviction or lessen your charges. Contact us today on 855-323-8488.
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