Reckless Driving vs DUI Charges: What You Should Know?

It is paramount for our clients to understand reckless driving vs. DUI charges. Reckless driving charges are less of a crime than a DUI, with fewer consequences.

Driving at speeds way over the legal limit, weaving through traffic, and driving in a manner that can result in a traffic accident are examples of reckless driving.

A DUI is a more complex charge that depends on various factors. First-time offenders driving intoxicated can get fined up to $1000, jail time, or both.

Let’s examine the key differences between reckless driving vs DUI.

Reckless Driving vs DUI Charges: What Is Reckless Driving?

Reckless Driving vs DUI Georgia

Under Georgia Law, reckless driving is codified as O.C.G.A. 40-6-390. Here are the articles you must be familiar with before comparing.

(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.

(b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.

Reckless driving convictions can include 4 points on your driving record no criminal record or license suspension. Worst-case scenario, you’ll pay a $1000 fine.

In most DUI cases, there are chances of getting DUI reduced to reckless driving, a wet reckless driving, or if the results of the field sobriety tests, such as when using an ignition interlock device, and/or blood alcohol tests are flawed and can be otherwise proven.

Here are some examples of a reckless driving case:

• Driving too fast for the conditions.
• Tailgating
• Passing in the emergency lane.
• Drifting.
• Road rage
• Distracted driving.
• Failing to yield at crosswalks, signals, or signs.
• Fishtailing.

What Are DUI Charges?

DUI charges are a lot more severe than reckless driving, depending on the level of alcohol in your blood, which can get you the maximum sentence.

You can get a conviction of up to 5 years in federal prison. Therefore, DUI is a more complex law with different sections and paragraphs.

You must be caught with a blood alcohol level higher than 0.08% to be charged. However, Georgia state has a “zero tolerance” law that states that drivers under 21 can be charged when their Blood Alcohol Content (BAC) is higher than 0.02%.

A DUI charge has consequences outside of the courts as well. Being charged and convicted of DUI means you’ll be forced to pay higher auto insurance premiums, get a license suspension, and, have a criminal record against you for the rest of your life.

It is highly recommended that you appoint an attorney in this case. At Cobb Criminal Defense, we have many ways to fight DUI charges in your favor.

Reckless Driving vs DUI Charges

To be fair, a reckless driving conviction looks unimaginably better than a DUI conviction. But who wins the Reckless Driving vs. DUI charges battle? And why?

Many people don’t understand that you can be a reckless driver without the use of substances.

There are hundreds of cases, not just in Georgia but in the US in general, where young people are charged with street racing, reckless and aggressive driving.

That’s considered normal, and such a sentence won’t affect the way you live or your future.

On the other hand, DUI charges have a different impact on your life. Drunk driving is not only bad from a legal standpoint, but is also very time-consuming and expensive. In other words, not fun at all.

That’s why when a DUI case is reduced to reckless driving, it is considered a winning situation—no criminal record, usually no jail time (depending on the speed limit), and usually no other convictions other than a fine.

How Can You Reduce a DUI to Reckless Driving?

There are more than enough reasons for a judge to reduce the charges, and a competent DUI attorney knows that. That’s why, here at Cobb Criminal Defense, we have the best attorney's in GA to tackle all your criminal convictions. How?

• Challenge the results of the field sobriety test or/and the blood alcohol test.
• Negotiate a plea bargain with the prosecution.
• Challenge the constitutionality of the procedures performed by the officer that stopped you (traffic stop, DUI arrest, and police protocol).

However, you should keep in mind that reckless driving, though a misdemeanor in Georgia, assumes there were no people harmed during the incident. When a reckless driver causes serious bodily injury or death to other persons, they are usually convicted of far more serious crimes—this is especially true in hit-and-run or DUI Manslaughter cases when the driver either flees the scene or is intoxicated at the time of committing the crime.

Are You Facing DUI or Reckless Driving Charges?

If you’re facing DUI or reckless driving charges, the best thing you can do is retain an experienced local criminal defense attorney for reckless driving or DUI defense.

Get in touch with the most experienced defense lawyers at Cobb Criminal Defense. Call us on (770) 627-3221 and schedule a free consultation at our law firm with one of our reckless driving lawyers.