DUI vs. Reckless Driving: What Is the Difference?
Have you been charged with DUI in Nevada? If so, you could potentially be able to downgrade your charges to reckless driving, which has less severe consequences. Here’s what you need to know about these separate but related criminal charges, as well as what a knowledgeable defense attorney can do to help you pursue a favorable resolution to your case.
Request a Legal Case Evaluation
Understanding DUI Laws
Nevada’s DUI statute makes it illegal for a person to drive or exercise actual physical control of a motor vehicle on a highway or property open to the public while under the influence of:
- Intoxicating liquor
- Controlled substances
- A combination of liquor and controlled substances
Nevada law also makes it per se illegal for a person to drive or exercise actual physical control over a motor vehicle with an amount of alcohol or controlled substances in their system over specific limits. For example, a driver commits a “per se” DUI if they have a blood/breath alcohol concentration of 0.08 or more. Commercial drivers and motorists under 21 have lower per se limits.
Penalties for DUI convictions depend on the number of prior DUI convictions a driver has and are as follows:
- First offense: 10 days to six months in jail or 48 to 96 hours of community service; fines of $400 to $1,000; DUI school; attendance of a Victim Impact Panel; 185-day driver’s license suspension or ignition interlock device requirement
- Second offense (within seven years of a prior offense): 10 days to six months in jail; fines of $400 to $1,000; alcohol/drug dependency evaluation; attendance of a Victim Impact Panel; 185-day (or one to three years with a BAC of 0.18 or more) ignition interlock device requirement; one-year driver’s license suspension
- Third or subsequent offense (within seven years of a prior offense): One to six years in prison; fines of $2,000 to $5,000; alcohol/drug dependency evaluation; attendance of a Victim Impact Panel; three-year driver’s license suspension
Understanding Reckless Driving
Under Nevada law, a person commits the crime of reckless driving when they:
- Drive a vehicle on public roads in willful and wanton disregard for the safety of people or property
- Drive in an unauthorized speed contest on a public highway or premises open to the public
- Organize an unauthorized speed contest
- Facilitate an unauthorized trick driving display on a public highway or premises open to the public
Furthermore, causing a collision with a pedestrian, bicyclist, or electric scooter rider can also constitute reckless driving under certain circumstances.
The penalties a defendant will face on conviction of reckless driving will depend on the number of previous convictions a driver has and the circumstances of the offense.
The penalties for driving in willful and wanton disregard of others are as follows:
- First offense: A fine of $250 to $1,000 and a potential jail sentence of up to six months
- Second offense: A fine of $1,000 to $1,500 and a potential jail sentence of up to six months
- Third or subsequent offense: A fine of $1,500 to $2,000 and a potential jail sentence of up to six months
Street racing or causing a collision with a pedestrian, bicyclist, or electric scooter rider carries penalties of:
- First offense: A fine of $250 to $1,000, a potential jail sentence of up to six months, and 50 to 99 hours of community service
- Second offense: A fine of $1,000 to $1,500, a potential jail sentence of up to six months, and 100 to 199 hours of community service
- Third or subsequent offense: A fine of $1,500 to $2,000, a potential jail sentence of up to six months, and 200 hours of community service
Differences Between DUI and Reckless Driving
The offense of driving under the influence focuses on punishing drivers who operate or exercise control over motor vehicles while under the influence of alcohol or drugs. A driver may face a DUI charge and conviction based solely on the amount of alcohol or drugs in their system, even if they otherwise committed no traffic infraction or otherwise displayed unsafe driving behavior. Conversely, the crime of reckless driving focuses on punishing drivers who drive with a willful and wanton disregard for the safety of other people or property, such as by excessive speeding, swerving through traffic, driving on the wrong side of the road, or participating in a street race.
The Interplay of DUI and Reckless Driving in Criminal Cases
Criminal cases can involve both DUI and reckless driving charges. In certain circumstances, prosecutors in a DUI case may agree to negotiate a reckless driving plea deal, which reduces a DUI offense to a reckless driving offense. Under this strategy, the defendant initially pleads guilty to DUI in exchange for the trial court imposing specific sentencing requirements. Once a defendant completes those requirements, the trial court will enter a judgment of conviction on a reckless driving charge. There are many potential benefits to doing so, including lesser penalties, avoiding automatic driver’s license suspensions, and shorter waiting periods for sealing criminal records.
How Can an Attorney Help You Face DUI or Reckless Driving Charges?
A conviction for DUI or reckless driving can lead to significant penalties, including fines, incarceration, and suspension of driving privileges. An experienced defense attorney can guide you in a DUI or reckless driving case by:
- Independently investigating your charges and evaluating your legal options for contesting the prosecution’s case
- Explaining the nature of your charges and the potential outcomes in your case
- Challenging the prosecution’s evidence, including moving to exclude unreliable evidence or evidence that police obtained by violating your rights
- Pursuing the most favorable resolution to your charges under the circumstances, including negotiating a reduction of a DUI charge to reckless driving or advocating your innocence at trial
Contact a DUI Defense Lawyer Today
Have you been charged with DUI in Las Vegas? Get the legal help you need to pursue a favorable resolution to your case, such as through a reckless driving plea deal. Contact De Castroverde Law Group Criminal & Immigration today for a confidential consultation with an experienced DUI defense lawyer to discuss your options for protecting your rights, freedom, and future.