Is Reckless Driving A Felony? (June 2025)

Definition of Recklessness

Even though it sounds like a legal term, reckless driving covers different acts depending on the state. “Reckless” is a state of mind that falls below “intentional” but above “criminally negligent.” Intentional crimes, like murder, usually have the harshest punishments. Crimes committed knowingly, such as getting behind the wheel while drunk (DUI), are also punished harshly because these offenses involve acts you know are wrong.

On the opposite end of the scale is criminal negligence. These crimes often involve less harsh punishments than those committed intentionally or knowingly. These crimes occur when you fail to appreciate a risk, leading to a prohibited outcome. For example, some states punish people who negligently store firearms, allowing children to access them and commit firearm accidents.

Recklessness falls between these states of mind. It does not necessarily require an intent to injure, kill or damage property. But it also requires more than simply failing to appreciate a risk. Typically, “reckless” means you appreciated a risk but willfully blinded yourself to its consequences. For example, a bar might face charges of reckless entrustment in some states if the bartender knows someone’s BAC is over the legal alcohol limit but allows them to drive.

Reckless Driving Laws

States have many ways of applying the legal concept of recklessness to driving. Under Virginia law, recklessness means a driver drove in a manner to endanger the life, limb or property of others.

A standard definition uses the terms “willful or wanton.” This definition covers two types of recklessness. “Willful” means you knew a risk existed and proceeded despite it. “Wanton” means you knew of the risk and did not care.

California law uses this phrase. Specifically, California law states that a driver is reckless when they have willful or wanton disregard for the safety of others.

Some states also describe certain driving violations that fall within their reckless driving statute. Nevada defines reckless driving as the willful or wanton disregard for others and lists speed contests and trick driving as specific acts that constitute reckless driving.

When Is Reckless Driving a Misdemeanor?

Reckless driving is a misdemeanor in most states. A misdemeanor offense is less severe than a felony and, in most cases, punishable by imprisonment of one year or less. Moreover, many states incarcerate people convicted of misdemeanors in county jails rather than state prisons.

Although no term of imprisonment is comfortable, jails may be safer than prisons because they often hold people convicted of less serious offenses.

For example, a judge in California can sentence a person convicted of reckless driving to the following:

• Five to 90 days in county jail
• A fine of $145 to $1,000
• Both imprisonment and a fine

California allows enhanced punishment for any person who drives recklessly with the intent to film themselves, including the following:

• Up to six months in jail and a fine of up to $2,500
• Up to one year in jail and a fine of up to $5,000 if the reckless driving endangered a minor child

The judge in the case is not required to hand down the harsher penalty, but the law opens the door in egregious cases involving social media stunts or films.

When Is Reckless Driving a Felony?

Some states have a similar system in which reckless driving is usually a misdemeanor but allows enhanced charges when aggravating circumstances apply. However, these states elevate the charges to a felony for many of the following factors:

• The driver causes a fatal crash while on a suspended license in Virginia
• The driver has a prior conviction for reckless driving in Rhode Island
• The driver causes a serious injury in Michigan

A felony is a more serious offense, punishable by over one year in prison. Moreover, a felony conviction on your criminal history can produce collateral consequences, such as disqualification from certain government benefits and programs and discipline by some professional licensing boards. Additionally, employers and landlords can use a felony conviction when considering you for employment or housing.

Contact ConsumerShield to Discuss Reckless Driving Charges

Reckless driving can be a felony for repeat offenders and those who cause injury or death. However, the conditions for felony reckless driving depend on the state where the violation occurred. ConsumerShield educates people about the punishments they may face after an arrest and helps them find lawyers. Contact us for a free case review and a referral to a criminal defense attorney.