What’s the Difference Between DUI and Reckless Driving?
While DUI and reckless driving are both serious criminal offenses that can result in severe penalties, they are distinct crimes, and those differences have significant legal implications. Understanding the difference between a DUI and reckless driving is important for anyone facing DUI charges, and is a cornerstone of effective DUI defense. The impact of a conviction on your criminal record, your driver’s license, and your future could be significant. The Fox Law Firm can assess your situation, explain your options, and provide a vigorous defense to achieve a successful outcome in your case.
What is Driving Under the Influence (DUI)?
In Washington State, the crime of Driving Under the Influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs, alcohol, or another controlled substance. In Washington State, a person can be charged with DUI if they are operating a motor vehicle and have:
- A blood alcohol concentration of .08% or higher
- An active THC concentration of 5 ng or higher
- Are under the influence of liquor, marijuana, or any other intoxicating substance
- Are under the combined influence of liquor, marijuana, or another drug
The maximum penalties for a first offense DUI conviction include:
- Up to 364 days in jail and a fine of up to $5,000
- Up to a two-year license revocation
- Installation of an Ignition Interlock Device, at the driver’s expense
- Electronic home detention, also known as “house arrest”
- Drug or alcohol counseling
What is Reckless Driving?
Reckless driving occurs when a person operates a vehicle with a “willful or wanton disregard for the safety of person or property.” Reckless driving is a gross misdemeanor punishable by up to 364 days in jail and a fine of up to $5,000, plus a 30-day driver’s license suspension. Reckless driving charges are common when a person drives at a speed that significantly exceeds the speed limit, exhibiting a reckless disregard for the safety of others.
What’s the Difference Between DUI and Reckless Driving in Washington State?
In Washington state, DUI and reckless driving are both gross misdemeanors and carry a maximum sentence of up to 364 days in jail and a $5,000 fine. Both offenses require that the driver file “Proof of Financial Responsibility (an SR-22 bond) for a period of three years.
However, there are some important differences between a first offense conviction for DUI and reckless driving:
- A conviction for reckless driving carries a 30-day driver’s license suspension
- A DUI conviction carries a minimum 90-day driver’s license suspension
- A conviction for DUI includes mandatory installation of an ignition interlock device
Can You Negotiate a DUI Charge to a Conviction for “Wet Reckless”?
“Wet reckless” is an informal term used by some people, but not most DUI attorneys, to describe a conviction for reckless driving that arises from a plea bargain to a DUI charge. It is not a separate crime, but it can be the strategic outcome of a plea bargain in a DUI case.
If you were charged with DUI in the State of Washington, an attorney can work to negotiate a plea to a reduced charge of reckless driving. On the prosecutor’s motion, the judge would amend (change) the DUI charge to reckless driving in exchange for a guilty plea to reckless driving. The consequences of being found guilty of reckless driving, when reduced from a DUI charge, are often less severe than a conviction for DUI.
Both convictions carry possible long-term consequences, including a criminal record and higher insurance rates. If a conviction for reckless driving was the result of a plea bargain in a DUI case, the conviction may be considered a prior conviction in sentencing for any future DUI charges.
Nonetheless, the advantages of negotiating a plea to a “wet reckless” include:
- No mandatory jail time for a first offense.
- Potential to avoid mandatory installation of an IID
- A shorter probationary period
- A shorter driver’s license suspension
Charged with a DUI? Fox Law Firm Can Help
Being charged with DUI is stressful, and navigating the legal system alone is challenging. The Fox Law Firm has a proven record of successfully resolving DUI charges throughout Washington State. We will thoroughly analyze every detail of the stop, explain your rights and options, and prepare a vigorous defense. If you or someone you care about was charged with DUI in Washington State, contact The Fox Law Firm today for a free and confidential consultation. You deserve a strong defense, and we’re here to help.
