Can I Get My DUI Reduced to Reckless Driving in FL?


A first DUI conviction in Florida carries a maximum fine of $1,000, driver’s license suspension of up to one year, and potentially even a jail sentence of up to six months. If obtaining a not-guilty verdict or getting your entire case dismissed appears to be out of the question, it is still possible to avoid the serious penalties associated with a DUI by negotiating with the prosecution for a reduction from a DUI charge to a reckless driving charge. 

Commonly known as a “wet reckless,” this type of reckless driving charge specifically involves alcohol consumption. Compared to a first DUI conviction, a first-time reckless driving carries a maximum jail sentence of 90 days and a fine not exceeding $500 – without a license suspension. 

The following are several factors the prosecution may consider negotiating a plea of reckless driving: 

  • Your criminal history – Getting arrested for a DUI is the first time you have ever dealt with the law and your record is clean. 

  • Your blood alcohol content (BAC) – If your BAC level after your arrest was either at or slightly above the legal limit of .08 percent, then the prosecutor will be more inclined to negotiate a favorable deal with your lawyer. 

  • You were cooperative and polite – People who act strangely or panic when they are pulled over would have a harder time obtaining a reduced charge. On the other hand, acting calm and being respectful – while the police investigate – can benefit your case. 

  • You spoke clearly – Although anything you say can be used against you in court, speaking coherently may result in a reduced charge. That is because slurred speech is one of the reasons why people get arrested for DUI. 

  • You refused a breath test – Without the breath test results, it is more difficult for the prosecution to prove their case. However, according to Florida’s implied consent law, breath test refusal can lead to separate penalties. 

At the Law Office of Armando J. Hernandez, P.A., we have helped many clients facing DUI charges either get their case dismissed or their charges/penalties reduced. Attorney Hernandez can examine your case and figure out all your legal options to see if getting your DUI charge reduced to wet reckless is the best possible outcome. 

Contact us today at (305) 400-0074 for a free initial consultation. We have more than 19 years of experience defending Miami residents and visitors!