According to the National Highway Traffic Safety Administration (NHTSA), reckless driving is a contributing factor in over 33% of fatal crashes across the United States each year.
That’s not just a scary statistic — it’s a reminder of how a single reckless decision behind the wheel can alter lives forever. But here’s what most drivers wonder when they see flashing blue lights in their rearview mirror — is reckless driving a felony or a misdemeanor?
It depends on the situation and the state you’re in. While many states classify reckless driving as a serious misdemeanor, it can escalate into a felony if the driver’s actions cause serious bodily injury, death, or property damage.
What Is Reckless Driving? Legal Meaning
To understand whether reckless driving is a felony, let’s first decode what “reckless” means in legal terms.
The U.S. Department of Transportation defines reckless driving as “the operation of a vehicle with willful or wanton disregard for the safety of persons or property.”
It means you knew your actions were dangerous but chose to do them anyway.
Common examples of reckless driving include:
- Driving 25 mph or more over the speed limit.
- Street racing or drag racing on public roads.
- Running red lights repeatedly.
- Weaving through traffic at high speeds.
- Passing school buses when lights are flashing.
- Driving under the influence of alcohol or drugs (even before hitting legal DUI levels).
Each state has its own version of reckless driving laws, which means what counts as “reckless” in California may not be the same in Florida or Georgia.
Is Reckless Driving a Felony or a Misdemeanor?
Here’s where things get tricky. Reckless driving usually starts as a misdemeanor, but it can turn into a felony depending on the outcome of your driving.
| Type of Charge | When It Applies | Possible Penalties |
|---|---|---|
| Misdemeanor Reckless Driving | No injuries or property damage | Fines up to $1,000, up to 1 year in jail, license suspension |
| Felony Reckless Driving | Serious injury, death, or property damage | Up to 5–10 years in prison, thousands in fines, permanent record |
So, yes — reckless driving can be a felony if your actions cause harm.
For instance, if you speed through an intersection and hit another car, causing severe injury or death, prosecutors can charge you with vehicular manslaughter or felony reckless driving.
What Is the Most Common Punishment for Reckless Driving?
The most common punishment for reckless driving in the United States is a fine and a short-term driver’s license suspension, often combined with points added to your driving record.
For most first-time offenders, reckless driving is treated as a misdemeanor, not a felony — unless the act caused serious injury, death, or major property damage.
Here’s what the average penalties usually look like across most states:
- Fines: Between $100 and $1,000 depending on the state and severity of the violation.
- Jail Time: Up to 90 days to 1 year in county jail (though many first-time offenders receive probation instead).
- License Suspension: Typically 30 to 180 days for a first conviction.
- Demerit Points: 4 to 8 points on your driver’s record, which can increase insurance rates.
- Mandatory Driving School: Some states require completion of a defensive driving or traffic safety course.
Learn More: Tort Law: Types, Effects & How It Works
Reckless Driving Laws and Penalties by State
Every state defines and punishes reckless driving differently.
| State | Statute Reference | Classification | Penalties (First Offense) | Felony Conditions / Enhanced Penalties |
|---|---|---|---|---|
| Alabama | Ala. Code §32-5A-190 | Misdemeanor | Up to 90 days in jail; $25–$500 fine | Felony if causes death or serious injury |
| Alaska | AS §28.35.040 | Misdemeanor | Up to 1 year jail; $1,000 fine | Felony if prior offenses or injury involved |
| Arizona | ARS §28-693 | Class 2 Misdemeanor | Up to 4 months jail; $750 fine | Felony if involves injury or evading police |
| Arkansas | Ark. Code §27-50-308 | Misdemeanor | Up to 90 days jail; $500 fine | Felony if causes serious harm or death |
| California | Vehicle Code §23103 | Misdemeanor | 5–90 days jail; $145–$1,000 fine | Felony if bodily injury occurs (up to 3 years prison) |
| Colorado | CRS §42-4-1401 | Class 2 Misdemeanor | 10–90 days jail; $150–$300 fine | Felony vehicular assault if injury results |
| Connecticut | CGS §14-222 | Misdemeanor | Up to 30 days jail; $100–$300 fine | Felony if serious injury or death |
| Delaware | 21 Del. C. §4175 | Misdemeanor | Up to 30 days jail; $300 fine | Felony if results in death |
| Florida | §316.192 | 1st-degree Misdemeanor | Up to 90 days jail; $500 fine | Felony (3rd degree) if serious injury/death (5 years prison) |
| Georgia | O.C.G.A. §40-6-390 | Misdemeanor | Up to 12 months jail; $1,000 fine | Felony vehicular homicide if death occurs |
| Hawaii | HRS §291-2 | Misdemeanor | Up to 30 days jail; $1,000 fine | Felony if bodily injury or death |
| Idaho | Idaho Code §49-1401 | Misdemeanor | Up to 6 months jail; $1,000 fine | Felony for repeat or serious injury |
| Illinois | 625 ILCS 5/11-503 | Class A Misdemeanor | Up to 1 year jail; $2,500 fine | Felony if causes great bodily harm |
| Indiana | IC 9-21-8-52 | Class B Misdemeanor | Up to 180 days jail; $1,000 fine | Felony if injury or school zone violation |
| Iowa | Iowa Code §321.277 | Misdemeanor | Up to 30 days jail; $625 fine | Felony if causes injury or death |
| Kansas | KSA §8-1566 | Class B Misdemeanor | Up to 6 months jail; $500 fine | Felony for bodily injury/death |
| Kentucky | KRS §189.290 | Misdemeanor | $20–$100 fine; license points | Felony if injury or death |
| Louisiana | La. R.S. §14:99 | Misdemeanor | Up to 90 days jail; $200 fine | Felony if serious injury/death |
| Maine | 29-A MRS §2074 | Class E Crime | Up to 6 months jail; $1,000 fine | Felony if results in injury |
| Maryland | TR §21-901.1 | Misdemeanor | Up to 60 days jail; $1,000 fine | Felony vehicular manslaughter if death |
| Massachusetts | MGL c.90 §24 | Misdemeanor | Up to 2 years jail; $500 fine | Felony if injury or death |
| Michigan | MCL §257.626 | Misdemeanor | Up to 93 days jail; $500 fine | Felony for serious injury/death |
| Minnesota | Minn. Stat. §169.13 | Misdemeanor | Up to 90 days jail; $1,000 fine | Felony criminal vehicular operation if injury |
| Mississippi | Miss. Code §63-3-1201 | Misdemeanor | Up to 10 days jail; $100 fine | Felony if causes bodily harm |
| Missouri | RSMo §304.016 | Class B Misdemeanor | Up to 6 months jail; $1,000 fine | Felony if results in death/injury |
| Montana | MCA §61-8-301 | Misdemeanor | Up to 90 days jail; $500 fine | Felony for repeat offenses/injury |
| Nebraska | Neb. Rev. Stat. §60-6,213 | Misdemeanor | Up to 3 months jail; $500 fine | Felony vehicular homicide if death |
| Nevada | NRS §484B.653 | Misdemeanor | Up to 6 months jail; $1,000 fine | Felony if injury/death (1–6 years prison) |
| New Hampshire | RSA §265:79 | Misdemeanor | Up to 1 year jail; $1,000 fine | Felony if serious bodily injury/death |
| New Jersey | N.J.S.A. §39:4-96 | Misdemeanor (Traffic Offense) | Up to 60 days jail; $200–$500 fine | Felony if injury/death (charged separately) |
| New Mexico | NMSA §66-8-113 | Misdemeanor | Up to 90 days jail; $100–$500 fine | Felony if death/injury |
| New York | VTL §1212 | Misdemeanor | Up to 30 days jail; $300 fine | Felony if injury/death (e.g., vehicular manslaughter) |
| North Carolina | G.S. §20-140 | Class 2 Misdemeanor | Up to 60 days jail; $1,000 fine | Felony if causes injury/death |
| North Dakota | NDCC §39-08-03 | Class B Misdemeanor | Up to 30 days jail; $1,500 fine | Felony if death/injury |
| Ohio | ORC §4511.20 | Misdemeanor 4th Degree | Up to 30 days jail; $250 fine | Felony vehicular assault if injury/death |
| Oklahoma | 47 O.S. §11-901 | Misdemeanor | Up to 90 days jail; $500 fine | Felony if bodily injury/death |
| Oregon | ORS §811.140 | Class A Misdemeanor | Up to 1 year jail; $6,250 fine | Felony if serious physical injury/death |
| Pennsylvania | 75 Pa.C.S. §3736 | Summary Offense | Up to 90 days jail; $200 fine | Felony vehicular homicide if death |
| Rhode Island | R.I. Gen. Laws §31-27-4 | Misdemeanor | Up to 1 year jail; $1,000 fine | Felony if serious injury/death |
| South Carolina | S.C. Code §56-5-2920 | Misdemeanor | Up to 30 days jail; $200 fine | Felony if death/injury |
| South Dakota | SDCL §32-24-1 | Class 1 Misdemeanor | Up to 1 year jail; $2,000 fine | Felony if serious bodily injury |
| Tennessee | TCA §55-10-205 | Class B Misdemeanor | Up to 6 months jail; $500 fine | Felony vehicular assault if injury |
| Texas | Transp. Code §545.401 | Class B Misdemeanor | Up to 30 days jail; $200 fine | Felony if serious injury/death (2 years prison) |
| Utah | Utah Code §41-6a-528 | Class B Misdemeanor | Up to 6 months jail; $1,000 fine | Felony if injury/death |
| Vermont | 23 V.S.A. §1091 | Misdemeanor | Up to 1 year jail; $1,000 fine | Felony for bodily injury/death |
| Virginia | Va. Code §46.2-852 | Class 1 Misdemeanor | Up to 12 months jail; $2,500 fine | Felony if death or serious injury |
| Washington | RCW §46.61.500 | Gross Misdemeanor | Up to 364 days jail; $5,000 fine | Felony if injury/death (RCW 46.61.522) |
| West Virginia | W.Va. Code §17C-5-3 | Misdemeanor | Up to 90 days jail; $500 fine | Felony if death or prior convictions |
| Wisconsin | Wis. Stat. §346.62 | Misdemeanor | Up to 90 days jail; $400 fine | Felony if bodily harm |
| Wyoming | Wyo. Stat. §31-5-229 | Misdemeanor | Up to 30 days jail; $200 fine | Felony if serious bodily injury or death |
Reckless vs. Careless Driving
While they sound similar, they’re not treated the same in court.
| Reckless Driving | Careless Driving |
|---|---|
| Involves intentional disregard for safety | Involves momentary inattention or negligence |
| Treated as criminal offense | Treated as traffic violation |
| Can lead to jail time | Usually results in a fine and points |
Example:
- Reckless driving: You’re drag racing at 90 mph through a neighborhood.
- Careless driving: You glance at your phone and accidentally drift out of your lane.
Experience of ex-felons and Statistics
To put this into perspective:
- In 2022, over 12,000 traffic fatalities in the U.S. were linked to reckless driving behaviors like speeding or aggressive maneuvers.
- A Virginia driver was sentenced to 5 years in prison after causing a multi-car accident while driving 100 mph in a 55 mph zone.
- In Florida, a 2021 case saw a driver convicted of felony reckless driving after hitting a cyclist while filming a social media video.
These cases show how easily reckless actions can shift from minor charges to life-changing felonies.
Defenses Against Reckless Driving Charges
A reckless driving charge isn’t an automatic conviction. Experienced attorneys use several defense strategies, including:
- Lack of Intent: Arguing that the driver didn’t “willfully” disregard safety.
- Improper Speed Measurement: Radar or laser devices may be inaccurate or improperly calibrated.
- Emergency Situation: The driver acted to avoid a greater danger (for instance, swerving to avoid hitting an animal).
- No Harm or Injury: Showing that no property damage or bodily injury occurred can reduce the charge to a traffic violation.
Example:
If you were speeding because you were taking someone to the hospital, your attorney could argue necessity or lack of intent.
How Reckless Driving Affects Your Life?
A reckless driving conviction can ripple through your life long after court ends.
Insurance
Your car insurance rates can increase by 70% or more, and some insurers may cancel your policy altogether.
Employment
Many employers conduct background checks. A felony reckless driving conviction may disqualify you from jobs that involve driving or handling heavy equipment.
License and Record
- Points added to your driving record
- License suspension or revocation
- Permanent criminal record (in felony cases)
Final Thoughts
Reckless driving might seem like a momentary mistake, but legally, it’s a serious offense that can carry lifelong consequences — especially when someone gets hurt.
If you’re facing such a charge:
- Stay calm and don’t admit guilt on the spot.
- Hire a qualified traffic defense attorney immediately.
- Gather evidence — dashcam footage, witness statements, or police reports.
- Understand your rights and possible plea options.
In many cases, first-time offenders can negotiate reduced charges or alternative sentencing like defensive driving courses.
FAQs
Can reckless driving be expunged from my record?
Yes, in some states after a certain period (often 3–5 years), you can request expungement — but felony convictions are harder to clear.
Can I go to jail for reckless driving?
Absolutely. Even a first-time misdemeanor conviction can carry up to 1 year in jail.
Is reckless driving the same as DUI?
No. While both are serious, DUI involves driving under the influence of alcohol or drugs. Reckless driving can happen even when you’re sober.
How many points does reckless driving add to your license?
It varies — from 4 points in Georgia to 6 points in Florida and 8 in Virginia.
Can a lawyer get reckless driving reduced?
Yes, skilled lawyers often negotiate it down to “careless driving” or “improper driving,” avoiding a criminal record.
