What’s the Difference Between DUI and Reckless Driving

DUI and reckless driving are two traffic offenses that can cause serious problems for Utah drivers. Both crimes can have a serious impact on your driving record and can result in fines, a driver’s license suspension, and even possible jail time.

While DUI and reckless driving are both serious offenses that carry severe penalties, they are distinct crimes. The differences between the two can have significant implications for how you proceed with your case and for your future.

What Is DUI?

DUI, or driving under the influence, is the crime of operating a motor vehicle while under the influence of alcohol, drugs, a medication, or a prescription that impairs the driver’s ability to operate the vehicle. Drivers over age 21 can be charged with DUI if their blood alcohol concentration is .05%. This is the strictest legal limit in the country. Under Utah’s “zero tolerance” policy, drivers under age 21 can be charged with DUI if they have any trace of alcohol in their system, even a negligible amount of alcohol like .01 or .02%.

What Is Reckless Driving?

Reckless driving occurs when an individual drives a motor vehicle in a manner that “willfully” or “wantonly” endangers other people on the road or in a way that risks damaging property. A driver can be charged with reckless driving if they violate three or more traffic laws within a three-mile stretch of road. A driver can also be charged with reckless driving for driving at 105 mph or more.

What’s the Difference Between DUI and Reckless Driving?

DUI and reckless driving are both traffic offenses, but they involve very different types of conduct and carry different penalties.

• A DUI charge focuses on whether a driver is impaired by alcohol, drugs, medication, or a prescription. A driver can be charged with DUI if their BAC is .05% or higher, even if they do not display outward signs of intoxication.
• Reckless driving focuses on how a person drives. A driver can be charged with reckless driving for operating a vehicle with a “willful or wanton disregard for the safety of persons or property” even if they are completely sober.

Even though DUI and reckless driving are both Class B misdemeanors, a DUI is often treated as a more severe offense because it carries mandatory minimum penalties. In some situations, a prosecutor may consider reducing a DUI charge to a plea for reckless driving, which can help a driver avoid some of the most severe penalties of a DUI conviction.

What Are the Penalties for Reckless Driving and DUI?

DUI and reckless driving are both Class B misdemeanors, which typically carry a maximum penalty of up to 6 months in jail and a $1,000 fine. Both offenses may result in points on a driver’s license and a possible driver’s license suspension of up to three months for reckless driving and up to six months for a DUI. In addition, someone charged with DUI faces the possibility of mandatory alcohol or drug screening and installation of an ignition interlock device. A charge for DUI or reckless driving is likely to result in increased insurance premiums or difficulty obtaining automobile insurance.

Can a DUI Be Reduced to Reckless Driving?

In certain circumstances, a prosecutor might be willing to reduce a DUI charge to a plea for reckless driving. This is sometimes referred to as a “wet reckless.” However, pleading to a wet reckless only works in certain circumstances, typically if it is the driver’s first offense, their BAC was very close to the legal limit, or if there is a lack of clear evidence of impairment.

If your attorney can negotiate a plea to a wet reckless, there is no mandatory jail time, and the impact to the driver’s insurance rates might not be as severe. In addition, the long-term consequences might not be as severe for drivers who can negotiate a plea to a wet reckless.

Defending Against Charges for DUI or Reckless Driving in Utah

Defending against a DUI is different than defending against charges for reckless driving. Each charge requires a different approach. To secure a conviction for DUI, the prosecutor must prove the driver was impaired or had a BAC greater than .05%. Most DUI defenses focus on whether the stop was justified, the investigation was lawful, and whether the testing was reliable and accurate.

A defense against charges for reckless driving will likely focus on whether the driver’s actions displayed a “willful or wanton disregard for the safety of persons or property.” The defense may focus on the accuracy of the officer’s observations and contextual factors like traffic and weather conditions. A defense attorney may also seek to establish that the driver’s conduct was negligent but not reckless.

How a Defense Attorney Can Help

DUI and reckless driving charges should be taken seriously. If you were charged with one of these crimes, having skilled and experienced legal representation is critical.

Contact the Experienced Defense Attorneys at Douglas D. Terry & Associates Today

Douglas D. Terry & Associates is the longest-serving criminal defense firm in St. George. Our law firm has been representing individuals charged with DUI, reckless driving, and other crimes in Southern Utah since 1983. We offer the time-tested advice, guidance, and advocacy that only an experienced law firm can provide. Contact our office to schedule a confidential appointment to discuss your situation and how we can assist you. Call (435) 628-4411, send a message to email@SouthernUtahDefense.com, or complete our online form.