What Is Reckless Driving? Penalties by State (June 2025)

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Sarah Edwards

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What is reckless driving? Quick Answer

  • Reckless driving is the criminal act of operating a vehicle with willful disregard for the safety of others. Common examples include speeding, street racing, or running red lights. It is typically a misdemeanor, but it can escalate to a felony if injuries occur.

Summary

  • Reckless driving involves driving without regard for the safety of others
  • It is generally a misdemeanor crime
  • Conviction can result in license suspension, jail and high insurance rates

Most people have negligent moments behind the wheel. For example, you might briefly get distracted by a billboard or forget to come to a complete stop at a stop sign. These slip-ups could potentially cause accidents, but they are far less dangerous than reckless driving.

Reckless driving goes beyond traveling slightly over the speed limit — it usually involves driving dangerously without caring about safety. In most states, reckless driving is a crime, and the penalties can be severe.

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What Is Reckless Driving?

The exact reckless driving definition varies by state. Generally speaking, though, driving recklessly involves operating a vehicle dangerously with little to no regard for the safety of people or property.

While specific laws vary by state, reckless driving is usually taken very seriously. It dramatically increases the risk of accidents. If involved in a crash, a reckless driver is likely to cause more damage.

While it’s possible to be charged with reckless driving for excessive speed alone, you often must display additional dangerous behaviors like these:

  • Running stop signs or red lights
  • Street racing
  • Driving under the influence
  • Rapidly weaving through traffic
  • Passing over double yellow lines
  • Aggressive tailgating
  • Fleeing from a police officer
  • Texting while driving and other forms of distracted driving

Some of these behaviors — like street racing and DUI — are separate offenses. However, if your driving meets the criteria for both charges, it’s entirely possible to be charged with both DUI and reckless driving (or street racing and reckless driving) at the same time.

Is Reckless Driving a Criminal Offense?

In most states, reckless driving is a criminal offense. It is typically a misdemeanor, but there are some exceptions. For instance, reckless driving in Kentucky is considered a traffic offense.

Many states have reckless driving statutes that escalate the seriousness of the crime if certain aggravating factors are present. Having prior convictions can sometimes make this offense a more severe misdemeanor. And in certain cases, causing injury escalates the crime from a misdemeanor to a felony.

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Consequences of a Reckless Driving Conviction

Even if they don’t involve car accidents, reckless driving convictions can be incredibly serious. The exact penalties that come with a conviction will vary based on your location and your unique circumstances. However, in many states, you can expect to face penalties like these:

Jail Time

Jail time is not a given if you’re convicted of reckless driving. However, many states sentence even first-time offenders to jail time. The time spent in jail can be as short as a few days or as long as a year (or more if the charge is upgraded to a felony). However, many states impose a jail sentence of around 90 days.

It’s important to note that unless your state has mandatory jail time for a reckless driving offense, you could be sentenced to community service or another alternative. This is where having an attorney becomes especially important.

Attorneys are familiar with the local legal system and available sentencing options. They are also skilled negotiators. Even if you are convicted, a good lawyer might be able to persuade a judge to offer you community service or probation instead of jail time.

Fines

In most cases, a reckless driving conviction comes with a fine. The amount of that fine varies considerably by state, but the average is around a few hundred to a thousand dollars. Many states will increase the fine if you have a previous conviction for reckless driving.

However, there are outlier states that charge much higher fines than others. For example, if you are convicted of aggravated reckless driving — reckless driving that causes serious bodily harm — in Illinois, you could face a fine of up to $25,000.

License Suspension

License suspension is generally not imposed by the court. Instead, a state’s department of motor vehicles (or a similar agency) will normally suspend a driver’s license once someone has been convicted of reckless driving.

Like fines, license suspensions can vary based on the state. Some will suspend your license for a few months, but others may impose a suspension of a year or more.

A Criminal Record

Most reckless driving convictions are misdemeanors, so they likely won’t cause as many difficulties as felonies. However, even having a misdemeanor on your record, especially if it’s a recent conviction, may make it harder to secure employment.

Some employers may not be overly concerned. Still, you are highly unlikely to get a job that involves operating a vehicle if you have a recent conviction for reckless driving.

Insurance Increases

If you’re wondering, “Why did my car insurance go up without an accident?” and you have a reckless driving conviction, the conviction is almost certainly behind the increase. If an insurer sees you’ve been convicted of reckless driving, it will see you as a greater risk to insure.

A Closer Look at Penalties by State

Whether your alleged reckless driving results in auto accidents that cause injuries or property damage or not, you can still be charged. The penalties you face will depend on your state and whether it’s your first offense. Some states, like Delaware, can require anywhere from 10 to 30 days in jail, as well as fines for a first charge of reckless driving.

Arizona also has harsh penalties, with the judge being able to suspend your license for up to 90 days even for a first offense. On the other hand, Kentucky is one of the states that considers reckless driving a traffic violation and will require a fine but no jail time.

Reckless Driving Laws by State

State
Code Section
Classification
Penalties
Source
Alabama
§ 32-5A-190
Misdemeanor
1st : 5–90 days in jail and a $25–$500 fine. 2nd+: 10 days–6 months in jail, $50–$500 fine, possible highway driving ban and license suspension for up to six months.
NHTSA [1]
Alaska
§ 28.35.400
Misdemeanor
Fine up to $1,000 and/or jail time up to one year.
Alaska Court System [2]
Arizona
§ 28-693
Class 2 misdemeanor; Class 1 if prior conviction
License may be suspended for up to 90 days. A second offense within two years requires at least 20 days in jail.
NHTSA [1]
Arkansas
§ 27-50-308
Misdemeanor
1st: 5–90 days in jail and a $25–$500 fine. 1st with injury: 30–90 days in jail and a $100–$1,000 fine. 2nd within three years: 30 days–6 months in jail and a $500–$1,000 fine. 2nd with injury: 60 days–1 year in jail and a $500–$1,000 fine.
NHTSA [1]
California
§ 23103
Misdemeanor
Without bodily harm: 5–90 days in jail and a $145–$1,000 fine. With bodily injury: 30 days–6 months in jail and a $220–$1,000 fine.
NHTSA [1]
Colorado
§ 42-4-1401
Class 2 misdemeanor; Traffic offense
1st: 10–90 days in jail and up to a $300 fine. 2nd+: 10 days–6 months in jail and a $50–$1,000 fine.
NHTSA [1]
Connecticut
§ 14-222
Class D misdemeanor; Class A if prior conviction
1st: Up to 30 days in jail and a $100–$300 fine. 2nd+ : Up to 1 year in jail and a fine up to $600.
Connecticut General Assembly [3]
Delaware
§ 4175(a)
Misdemeanor
1st: $100–$300 fine and 10–30 days in jail. 2nd within three years: $300–$1,000 fine and 30–60 days in jail.
NHTSA [1]
D.C.
§ 50-2201.04
Misdemeanor
1st: Incarceration of no more than 90 days and a fine of $500 2nd within two years: A fine of $500 and incarceration for up to 180 days
NHTSA [1]
Florida
§ 316.192
1st degree misdemeanor (if damage); 3rd degree felony (if serious injury)
1st: Up to 90 days in jail and a $25–$500 fine. 2nd: Up to 6 months in jail and a $50–$1,000 fine. With property damage or injury: Up to 1 year in jail. With serious bodily injury: Up to 5 years in jail.
NHTSA [1]
Georgia
§ 40-6-390
Misdemeanor
Up to $1,000 fine and 12 months in jail.
NHTSA [1]
Hawaii
§ 291-2
Misdemeanor
Up to $1,000 fine and 30 days in jail.
Hawaii State Legislature [4]
Idaho
§ 49-1401
1st offense: Misdemeanor; Repeat within 5 years: Misdemeanor
1st: Up to 6 months in jail and a $1,000 fine. 2nd + within five years: Up to 1 year in jail, a $2,000 fine, or both, plus possible license suspension.
Idaho State Legislature [5]
Illinois
5/11-503
Class A misdemeanor; Class 4 felony (if harm to child, guard, or serious injury)
Up to 1 year in jail and a $2,500 fine. Aggravated reckless driving: Up to 3 years in prison and a $25,000 fine.
Illinois General Assembly [6]
Indiana
§ 9-21-8-52
Class C misdemeanor; Class A (if bodily injury); Class B (if property damage); Level 5 or 6 felony (if injury/death + school bus)
The court may suspend driving privileges for 90 days, or one year with prior offenses. Level 5 felony: 6–12 months in jail and up to a $10,000 fine. Level 6 felony: 6–30 months in jail and up to a $10,000 fine.
Indiana General Assembly [7]
Iowa
§ 321.277
Misdemeanor
Up to 30 days in jail and a $25–$625 fine.
NHTSA [1]
Kansas
§ 8-1566
Misdemeanor
1st: 5–90 days in jail, a $25–$500 fine, or both. 2nd+: 10 days–6 months in jail, a $50–$500 fine, or both.
Kansas Revisor of Statutes [8]
Kentucky
§ 189.290
Traffic violation
1st: $20–$100 fine. 2nd+: License suspension up to 6 months.
NHTSA [1]
Louisiana
§ 14:99
Misdemeanor
1st: Up to $175 fine, 30 days in jail, or both. 2nd+: Up to $500 fine, 90 days in jail, or both.
Louisiana State Legislature [9]
Maine
§ 2413
Class E crime
License suspension for 30–180 days or a fine of at least $575.
Maine Legislature [10]
Maryland
§ 21-901.1(a)
Misdemeanor
Up to a $1,000 fine.
Maryland General Assembly [11]
Massachusetts
§ 24(2)(a)
Misdemeanor
$20–$200 fine or 2 weeks–2 years in jail.
NHTSA [1]
Michigan
§ 257.626
Misdemeanor (no serious injury); Felony (if serious injury)
No serious injury: Up to 93 days in jail, a $500 fine, or both. Serious injury: Up to 5 years in jail, a $1,000–$5,000 fine, or both.
Michigan Legislature [12]
Minnesota
§ 169.13(1)
Misdemeanor (no harm); Gross misdemeanor (if bodily harm)
Up to 90 days in jail and a $1,000 fine. With serious injuries: Up to 1 year in jail and a $3,000 fine.
NHTSA [1]
Mississippi
§ 63-3-1201
Misdemeanor
1st: $5–$100 fine. 2nd+: Up to 10 days in jail, a $500 fine, or both.
Mississippi Legislature [13]
Missouri
§ 304.012
Class B misdemeanor; Class A (if accident involved)
Up to 6 months in jail and a $1,000 fine. With an accident: Up to 1 year in jail and a $2,000 fine.
NHTSA [1]
Montana
§ 61-8-301
Misdemeanor
1st: Up to 90 days in jail, a $25–$300 fine, or both. 2nd+: 10 days–6 months in jail, a $50–$500 fine, or both. With death or serious injury: Up to 1 year in jail, a $10,000 fine, or both.
NHTSA [1]
Nebraska
§ 60-6,213 & 60-6,214
1st: Class III misdemeanor; 2nd: Class II; 3rd+: Class I
2nd: Loss of driving privileges for 60 days to 2 years. 3rd+: Loss of privileges and license revocation for 1 year.
NHTSA [1]
Nevada
§ 484B.653
Misdemeanor
1st: $250–$1,000 fine, 50–99 hours of community service, and possible jail up to 6 months. 2nd: $1,000–$1,050 fine, 100–199 hours of community service, and possible jail up to 6 months. 3rd: $1,500–$2,000 fine, 200 hours of community service, and possible jail up to 6 months.
Nevada Legislature [14]
New Hampshire
§ 265:79
Traffic violation
1st: At least $500 fine, penalty assessment, and 60-day license revocation. 2nd: At least $750 fine, penalty assessment, and 60 days–1 year license revocation. 3rd+: At least $1,000 fine plus penalty assessment.
NHTSA [1]
New Jersey
§ 39:4-96
Traffic violation
1st: Up to 60 days in jail, a $50–$200 fine, or both. 2nd: Up to 3 months in jail, a $100–$500 fine, or both.
NHTSA [1]
New Mexico
§ 66-8-113
Misdemeanor
1st: 5–90 days in jail, a $25–$100 fine, or both. 2nd+: 10 days–6 months in jail, a $50–$1,000 fine, or both.
New Mexico Legislature [15]
New York
§ 1212
Misdemeanor
1st: Up to 30 days in jail and a $100–$300 fine. 2nd: Up to 90 days in jail and a $100–$525 fine. 3rd: Up to 180 days in jail and a $100–$1,125 fine.
NHTSA [1]
North Carolina
§ 20-140
Class 2 misdemeanor
1st: Up to 30 days in jail and a $1,000 fine. 2nd+: Up to 60 days in jail and a $1,000 fine.
North Carolina General Statutes [16]
North Dakota
§ 39-08-03
Class B misdemeanor; Class A (if bodily injury)
8–30 days in jail and up to a $1,000 fine. Aggravated reckless driving: 8 days–1 year in jail and up to a $2,000 fine.
NHTSA [1]
Ohio
§ 4511.20
1st: Minor misdemeanor; 2nd: 4th-degree misdemeanor
1st: Up to a $100 fine. 2nd+: Up to 30 days in jail and a $250 fine.
NHTSA [1]
Oklahoma
§ 11-901
Misdemeanor
1st: 5–90 days in jail, a $100–$500 fine, or both. 2nd: 10 days–6 months in jail, a $150–$1,000 fine, or both.
Oklahoma Senate [17]
Oregon
§ 811.140
Class A misdemeanor
Up to 1 year in jail and a $6,250 fine.
NHTSA [1]
Pennsylvania
§ 3736
Summary offense
$200 fine.
Pennsylvania General Assembly [18]
Rhode Island
§ 31-27-4, § 11-1-2
1st: Misdemeanor; 2nd+: Felony
1st: Up to $1,000 fine and 1 year in jail. 2nd+: More than $1,000 fine and 1 years in jail.
Rhode Island Legislature [19]
South Carolina
§ 56-5-2920
Misdemeanor
Three-month license suspension plus either a $25–$200 fine or up to 30 days in jail.
NHTSA [1]
South Dakota
§ 32-24-1
Class 1 misdemeanor
2nd+ offense within one year: Driving privileges restricted or revoked for 30 days to 1 year.
South Dakota Legislature [20]
Tennessee
§ 55-10-205
Class B misdemeanor
$50–$500 fine and up to 6 months in jail.
NHTSA [1]
Texas
§ 545.401
Misdemeanor
Up to $200 fine, 30 days in jail, or both.
Texas Legislature [21]
Utah
§ 41-6a-528
Class B misdemeanor
Up to 6 months in jail and a $1,000 fine. With an accident: Up to 1 year in jail and a $2,000 fine.
NHTSA [1]
Vermont
§ 1091
1st: Misdemeanor; 2nd+: Felony
1st: Up to 1 year in jail, a $1,000 fine, or both. 2nd+ or serious injury/death: Up to 2 years in jail, a $3,000 fine, or both.
Vermont Legislature [22]
Virginia
§ 46.2-852
Class 1 misdemeanor
Minimum $250 fine.
NHTSA [1]
Washington
§ 46.61.500
Gross misdemeanor
Up to 364 days in jail and a $5,000 fine.
Washington State Legislature [23]
West Virginia
§ 17C-5-3
Misdemeanor
1st: 5–90 days in jail, a $25–$500 fine, or both. 2nd+ or serious injury: 10 days–6 months in jail, a $50–$1,000 fine, or both.
West Virginia Legislature [24]
Wisconsin
§ 346.62(2)
Criminal offense
1st: $25–$200 fine. 2nd+: $50–$500 fine and up to 1 year in prison. Minor injuries: $300–$2,000 fine and 30 days–1 year in prison. Repeated offense with great bodily injury: Up to 3.5 years in prison and a $10,000 fine.
NHTSA [1]
Wyoming
§ 31-5-1201(f)
Misdemeanor
Up to 6 months in jail, a $750 fine, or both.
Wyoming Legislature [25]

Sources: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25

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Defenses Against Reckless Driving Charges

If you have been charged with reckless driving, hiring a lawyer gives you the chance to present a strong defense. One of the ways your attorney can do this is by challenging the evidence against you.

For example, if you have been arrested because you were speeding and intoxicated (which could mean an aggravated DUI charge, too), your lawyer will question the accuracy of any field sobriety tests you took and even the equipment the police used to record your speed. This can be an effective way of having the charges dismissed.

In these cases, the prosecution needs to prove that your actions were not the result of negligence but of willful disregard for the safety of others. If your lawyer can show that you didn’t realize you were putting others in danger, it’s much more difficult to be charged with reckless driving.

In some instances, it’s also possible to claim that an emergency existed that led you to drive as you did. This can be a mitigating factor. The same applies if you had a medical issue, like a stroke or heart attack, that caused you to lose control of the vehicle.

Another option your lawyer may decide on is to focus on your previous safe driving record. If you have not committed any serious traffic violations, your legal counsel can use that to demonstrate that the reckless driving was an anomaly. It can help you get reduced penalties.

If there were witnesses, your lawyer might rely on their testimony. They can provide a clearer picture of your conduct and whether there was a legitimate reason for law enforcement to stop and charge you or not.

Are You Facing Reckless Driving Charges?

Being arrested and charged with reckless driving is much more serious than getting a traffic ticket. While it might be tempting to try to handle the matter yourself, it’s almost always a better idea to hire an experienced attorney. The right lawyer can assess your case and create a custom defense strategy.

Your choice of lawyer is incredibly important, so you shouldn’t rush through the process of selecting one. Not sure where to look? We can help. At ConsumerShield, we believe everyone should be able to empower themselves with legal knowledge and find qualified legal representation when they need it.

If you need an experienced reckless driving lawyer, don’t wait. Fill out our contact form for a free case review!

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Frequently Asked Questions

  • Each state has its own definition of reckless driving. However, the term generally means driving carelessly or dangerously while knowingly disregarding the safety of other people or property.

  • They almost certainly will raise your average car insurance cost per month. In extreme cases, insurance companies may even deny you coverage entirely after a reckless driving conviction.

  • Penalties for a conviction vary by state, but most states impose both fines and jail time. You will also likely have your driver’s license suspended for a period of time.

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