Orlando Dry Reckless Driving Attorneys

tire marks on roadway

Picture this, you’re driving down the road at night, and out of nowhere, police lights turn on behind you. The officer approaches your window and says that you have burnt out tag light. He proceeds to question you and brings up the possibility of you driving under the influence. You may have had a drink earlier, but you know you’re not drunk. You take a breathalyzer test, and the results show that you are just over the legal limit. You are then arrested, booked, and charged with a DUI.

Situations like this often happen, leaving the accused feeling helpless as they have “failed” a breathalyzer test but that is not the end all be all. Prosecutors need a solid case to get a conviction and factors like the arresting officer taking a low breath sample and you not exhibiting dangerous driving behaviors can work in your favor. The Orlando DUI lawyers at The Umansky Law Firm can review your case and explore the possibility of a dry reckless plea.

Understanding the Dry Reckless Plea

Put simply, a dry reckless is reckless driving without alcohol involved. It is a plea that the prosecution can offer for DUI charges as a deterrent to the defense taking the case to trial.

Prosecutors often offer the dry reckless plea in instances when they believe that their charges won’t stand in court due to varying factors like a faulty testing device or improper conduct by the arresting officer. Some other testing issues that may incline a prosecutor to offer a dry reckless plea include:

  • The officer did not fully observe the defendant for 20 minutes before testing.
  • Lack of probable cause to arrest the defendant
  • The defendant wasn’t advised of his rights
  • Evidence of the individual being under the influence is insufficient
  • The defendant vomited before taking the breath test
  • The breathalyzer was improperly calibrated

In other instances, the DUI defense lawyer must engage in negotiation with the State to make a dry reckless plea a viable option.

police giving driver test

Advantages of a Dry Reckless Over a Wet Reckless

Although a dry reckless plea is highly beneficial, prosecutors also have the choice of offering a wet reckless plea. This is more often presented as a plea option than dry reckless. Prosecutors prefer this to a dry reckless because although it is not an actual offense, the notion that drugs or alcohol was involved remains. However, a dry reckless is more favorable than a wet reckless plea for you due to the numerous penalties you avoid. Some of teh top advantages include:

  • Accepting a dry reckless will not show up as a prior offense in the event of a second DUI conviction
  • Insurance providers will not consider a dry reckless as an alcohol-related infraction
  • Your license will not be affected for accepting a dry reckless plea bargain

These advantages are in addition to those in comparison to a DUI conviction. With a dry reckless, there’ll be lower fines, shorter jail sentence (if any), and no mandatory participation in DUI classes among many other benefits than if you plead guilty to a DUI. However, achieving these goals is more likely to occur with the help of a DUI lawyer.

Orlando DUI Defense Lawyers

The Orlando DUI defense lawyers at The Umansky Law Firm have over 100 years of combined experience and are former state and local prosecutors. We’ve helped numerous individuals charged with DUIs mitigate charges by taking cases to trial and engaging in negotiations with the State to make favorable plea bargains available. Allow us to do the same for you. Contact us today at 407-228-3838 for a free case evaluation.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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