DUI vs. Wet Reckless in Florida: What’s the Difference?

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI is a serious criminal offense that may be punishable by jail or prison time, hefty fines, license suspensions, and more. But in some cases, a lesser “wet reckless” charge for what was originally charged as a DUI may be a viable alternative to a DUI conviction.

This blog will discuss the elements of DUI and potential penalties, as well as compare and contrast these with a “wet reckless” charge.

DUI in Florida

DUI in Florida (driving under the influence) occurs when all of the following are true:

• A person drives or is in actual physical control of a vehicle (car, truck, SUV, etc.)
• That person’s BAC (blood or breath alcohol content) is above 0.08 grams per 100 mL of blood, 0.08 grams per 210 liters of breath, or 0.08 per 67 mL of urine
• That person was impaired (either by having a BAC at or above 0.08 or having their normal faculties impaired (such as impaired sight, hearing, etc.)

For prosecutors to establish a DUI in Florida (Fla. Stat. Section 316.193), the following are key to show beyond a reasonable doubt:

• Proof of impairment: Observed through field sobriety tests, officer testimony, or physical evidence (such as slurred speech or odor of alcohol)
• BAC evidence (readings of 0.08 or above – must be administered properly in accordance with Fla. Stat. 316.1932)
• Lawful stop: A traffic stop resulting in a DUI charge must be legally justified (e.g. a traffic violation or reasonable suspicion of impairment)
• Jurisdiction: The offense must occur within Florida, on public roads or private roads accessible to members of the general public
• Probable cause for arrest: Before making an arrest, an officer must develop probable cause that DUI occurred based on the totality of the circumstances (State v. Kliphouse, 771 So.2d 16 (Fla 4th DCA 2000))

Note: Impairment is established in Florida if either: 1) the defendant has a blood alcohol level/blood alcohol content (BAC) or urine alcohol content of 0.08 or higher, or 2) the State provides proof beyond a reasonable doubt of actual impairment due to intoxication, or both. Tyner v. State, 805 So.2d 862 (Fla. 2d. DCA 2001)

Penalties for DUI can be very serious in Florida. For a first offense, someone convicted may face one or more of the following (first-degree misdemeanor):

• Up to 6 months in jail (and up to 9 months if BAC was 0.15 or above)
• License suspension of at least 180 days and up to 1 year
• 1 year probation
• 12-hour DUI school
• 50 hours of community service
• Vehicle impoundment for 10 days

A second DUI is a first-degree misdemeanor punishable by up to 9 months in jail (with a mandatory 10 days in jail if within 5 years of a prior conviction). Additional penalties may include:

• A fine of $1,000 to $2,000 (unless the driver blew a 0.15 or above or had a minor in the car, in which case the potential fine doubles to $2,000 to $4,000)
• Up to 5-year license revocation if within 5 years of first conviction
• 21 hours of DUI school 
• One year of required use of Ignition Interlock Device

If someone is charged with a third DUI, this may be a third-degree felony (punishable by up to 5 years) if the third conviction occurs within 10 years of a previous conviction. However, if this is not the case, the following penalties may be imposed if someone is convicted:

• Up to 1 year in jail (first-degree misdemeanor) 
• Minimum 10 years license revocation (if third conviction occurs within 10 years)
• Fines of $2,000 to $5,000 (at least $4,000 if BAC is >0.15 or minor in the car)
• 21 hours DUI school 
• Two years required use of Ignition Interlock Device upon driving privileges being restored

A fourth or subsequent DUI regardless of how many years have passed since the first is charged as a third-degree felony. Felony DUI penalties may include the following:

• Up to 5 years in prison
• Permanent revocation of driver’s license
• Up to $5,000 in fines

Wet Reckless Law in Florida

Given the very harsh penalties DUI carries, a DUI charge may sometimes be negotiated down to a “wet reckless.” This is not a formal charge – but instead, an informal term for a plea in DUI cases to reckless driving (Fla. Stat. 316.192).

If prosecutors as part of a plea negotiation agree to reduce a DUI to reckless driving, they often note in the agreement the involvement of alcohol, drugs, or other substances causing impairment in the alleged offense. Hence, it is called a “wet reckless.”

A “wet reckless” is most likely to be offered as an alternative to DUI in cases when the evidence is weak (e.g. BAC was borderline legal, improperly calibrated breath test, questionable stop) or it was a first offense without any aggravating factors (especially likely with BAC within the margin of error of Breathalyzer).

If someone accepts a “wet reckless” plea, this will involve penalties that are more closely aligned with a guilty plea for reckless driving – less serious than DUI. These penalties may include:

• Fines ranging from $25 to $500 (lower than a DUI conviction)
• Jail time of up to 90 days, often reduced to none
• No mandatory license suspension (though administrative suspension from an initial DUI arrest may apply)
• Probation of 6 months to 1 year (shorter than DUI)
• Completion of a DUI or substance abuse course
• 4 points on license (equivalent to some speeding violations)
• Less steep increases in insurance prices/less stigma for employment or housing
• Record may be eligible to seal and expunge

Given these facts, the key differences between DUI and a “wet reckless” include all of the following:

• Severity of the charge: DUI is a first-degree misdemeanor or felony, whereas a wet reckless is a second-degree misdemeanor
• DUI carries heavier potential jail or prison sentences
• DUI carries higher fines
• DUI carries a mandatory court-ordered license suspension (not just administrative holdover from arrest)
• DUI is non-expungeable, wet reckless is potentially sealable or expungeable

When someone is charged with DUI and is offered a “wet reckless,” whether or not to take this offer is a client objective. The client is in control of whether a plea offer is accepted in the case. 

Depending on the facts of a case, it may or may not be advisable to accept a “wet reckless” to avoid a DUI trial. Because this decision is in the hands of the client, it is critical to have as much information as possible before making the choice to plead to a wet reckless. 

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with DUI, BUI, vehicular homicide, DUI manslaughter, BUI manslaughter or vessel homicide. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

  Social Share