What’s the Difference Between DUI and Reckless Driving?

If you’ve been charged with a DUI, you may be wondering whether you can reduce the charges to reckless driving. But before you negotiate a plea deal with the prosecution, it’s important to understand the difference between a DUI and reckless driving. Although a reckless driving charge comes with lighter penalties, there are still consequences associated with this offense. Nevertheless, in many DUI cases, it may be advantageous to negotiate a reduction of the charges.

Key Takeaways

• In some cases, a DUI can be reduced to a reckless driving charge which carries lesser penalties.
• A DUI requires impairment while reckless driving requires a willful disregard for the safety of others.
• Negotiating a plea bargain for a reckless driving charge can help avoid license suspension and many of the collateral consequences that can come with a DUI.

What is Reckless Driving in Georgia?

Unlike a DUI, reckless driving does not require the use of any impairing substances. Under GA Code § 40-6-390, “Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.” This is a broad definition that can cover a wide range of dangerous driving behaviors, including speeding, weaving through traffic, following too closely, disregarding traffic signals, aggressive driving, racing, and driving erratically.

The penalties for reckless driving in Georgia include a monetary fine up to $1,000, pluss surcharges, a jail sentence of up to twelve months or up to twelve months of probation. A conviction will result in four points on your license, which can potentially result in license suspension with the Georgia Department of Driver Services if you have accumulated 15 points within a 24-month period. A judge may also order license suspension as one of the penalties imposed by the court. If reckless driving causes serious injury or death to another, the offense can be charged as a felony. If under 21 years of age at the time the violation is resolved, the driver will have a license supsension imosed.

How is a DUI Different from Reckless Driving?

Both a DUI and reckless driving are misdemeanors in Georgia. But while a DUI requires impairment when operating a vehicle, reckless driving requires driving with a willful disregard for the safety of others. Although both are criminal offenses, reckless driving removes the impaired driving element and can carry lighter penalties. Reckless driving also does not have the same social stigma that is associated with a DUI conviction.

Additionally, the penalties for a DUI and reckless driving are different. DUI penalties can range in seriousness depending on how many prior DUI convictions are on your record. However, even a first offense can result in a minimum of 24 hours in jail, license suspension up to 12 months, monetary fines up to $1,000, and community service. The penalties for a second offense can include up to 12 months in jail, a monetary fine up to $1,000, community service, and license suspension for three years. A third DUI conviction within 10 years can result in a year in jail, a monetary fine up to $5,000, a five year license suspension, and community service. All offenders are also required to attend DUI school and complete any recommended treatment program. A fourth dui within the time limit is a felony.

Can a DUI Be Reduced to Reckless Driving?

In some cases, you may be able to get your DUI charge reduced to reckless driving. This can come with several advantages. It can save you from license suspension and having a DUI conviction on your criminal record. In addition to the penalties that are imposed by the court (such as jail time and monetary fines) are not mandatory, a DUI conviction can come with long-term collateral consequences that can impact your ability to secure housing, obtain loans, receive a higher education, and advance your career. A DUI or reckless driving conviction are alike in either violation can also impact your car insurance premiums or even lead to policy cancellation.

Depending on the circumstances, a skillful criminal defense attorney may be able to negotiate a plea bargain with the prosecution to reduce the DUI to a reckless driving charge. Some factors that can help increase the chance the charges will be reduced can include a clean driving record, absence of an accident, weak evidence, and cooperative behavior. An attorney can best advise you regarding the pros and cons of negotiating a plea bargain in your case and proceeding to trial.

It should be noted that even if the DUI charges are reduced to reckless driving, the DUI arrest itself would still appear on your permanent criminal record and show up in a background check. However, the history should show that the case was resolved as a reckless driving not a dui.

Contact an Experienced Georgia Criminal Defense Attorney

DUI and reckless driving charges can be serious. If you have been arrested for one of these offenses, it’s essential to have a skillful criminal defense attorney who can fight to secure the best possible outcome in your case. At The McCoy Law Firm, LLC, our DUI attorneys have decades of experience providing trusted representation for defendants facing DUI and reckless driving offenses across Georgia. Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Please contact us today to schedule a consultation to learn how we can help.