Yes, you can get a plea bargain in a Florida DUI case—and in many situations, it may be your best chance at reducing the penalties and long-term consequences. Plea bargains often involve negotiating the charge down to a lesser offense, like “wet reckless” (reckless driving involving alcohol), which carries fewer penalties and less stigma than a full DUI conviction.
Understanding how DUI plea bargains work in Florida—and whether your case qualifies—can make a significant difference in your outcome.
What Is a Plea Bargain in a DUI Case?
A plea bargain is an agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty (or no contest) to a lesser charge in exchange for reduced penalties. This process is common in Florida DUI cases and can spare you from the harshest consequences of a full DUI conviction.
For example, instead of facing a first-time DUI conviction—which can result in up to 6 months in jail, a license suspension, probation, and hefty fines—your charge may be reduced to wet reckless, which comes with milder penalties and less impact on your driving record.
The Most Common DUI Plea Deal: “Wet Reckless”
In Florida, the most frequent outcome of a DUI plea bargain is a reduction to reckless driving involving alcohol, also known as a “wet reckless.” This charge is still serious, but it comes with several benefits:
- No mandatory license suspension (although it may still happen)
- Reduced fines and probation period
- Less severe impact on car insurance rates
- Not considered a DUI conviction on your record
However, keep in mind that if you’re arrested for DUI again, a prior wet reckless conviction can be treated as a prior DUI offense for enhancement purposes.
Factors That Affect Whether You Can Get a Plea Bargain
Not every DUI case qualifies for a plea deal. Prosecutors and judges in Florida consider several factors before offering or approving a reduced charge:
1. Strength of the Evidence
If the prosecution’s case is weak—due to unreliable breathalyzer results, an illegal traffic stop, or improperly conducted field sobriety tests—your attorney may be able to use that leverage to negotiate a better deal.
2. Aggravating Circumstances
Cases involving high blood alcohol content (BAC over 0.15), accidents causing injury or property damage, or a minor in the vehicle are less likely to result in plea bargains.
3. Prior Criminal History
If this is your first DUI and you have a clean criminal record, prosecutors are more likely to offer leniency. Repeat offenders face much tougher scrutiny.
4. Mitigating Factors
Cooperation with law enforcement, voluntarily enrolling in alcohol education programs, or expressing genuine remorse can all help your attorney argue for reduced charges.
Does the Judge Have to Approve the Plea Bargain?
Yes. Even if your attorney and the prosecutor agree on a plea deal, the judge must approve it. Judges have final discretion and will consider whether the agreement serves justice and public safety.
Some judges in Florida may be more willing to accept plea deals than others, especially in busy court dockets where avoiding a full trial is in the interest of time and resources.
What Happens If You Accept a Plea Deal?
Before accepting any plea bargain, it’s important to understand what you’re giving up:
- You waive your right to a trial by jury
- You may forfeit your right to appeal the conviction
- You accept the consequences of the lesser charge
While plea bargains can significantly reduce the impact of a DUI arrest, they’re not without consequences. That’s why it’s critical to consult a qualified attorney who can evaluate your case and help you decide whether a plea deal is in your best interest.
We Can Help: Law Office of James M. Burns
If you’re facing a DUI charge in Florida, don’t navigate the legal system alone. At the Law Office of James M. Burns, we have extensive experience defending DUI cases throughout Florida. Our Pensacola DUI Defense Lawyers will:
- Evaluate the strength of the case against you
- Identify any legal or procedural errors
- Negotiate with prosecutors for reduced charges or penalties
- Protect your rights every step of the way
Call us today at (850) 457-6002 or contact us for a free consultation and let’s discuss whether a plea bargain is the right strategy for your case. Your future is too important to leave to chance—let us fight for the best possible outcome on your behalf.