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Reckless Driving vs. DUI: Understanding the Differences in Virginia Law

There are several critical differences between a reckless driving charge and a Virginia DUI. Reckless driving relates to your actual driving behavior. DUI related to intoxication behind the wheel. Both can have serious consequences for your life, your driver’s license, and your freedoms.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC can help defend you against reckless driving and DUI/DWI cases in Virginia. Here, we explain these two charges and how we can help.

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Reckless Driving or DUI: What You Might Face

First, it is important to know that a driving under the influence (DUI) charge is actually called driving while intoxicated (DWI) under Virginia law. However, most people use these two terms interchangeably. You will even hear lawyers use them interchangeably outside of a strict legal context.

Reckless driving charges often occur alongside a separate DUI/DWI charge. While they are related, the two offenses are wholly separate. A DUI arrest may occur after a person is pulled over for reckless driving. You might face both charges at the same time.

A prosecutor can pursue reckless driving charges even without evidence of intoxication. In several cases, if you successfully challenge the DUI evidence, prosecutors may still attempt to convict you of reckless driving. A Virginia criminal defense lawyer is critical in either situation.

Virginia DUI Charges

Virginia prosecutors can prove a DUI in several different ways, based on the circumstances of that unique case. Below are some of the ways you could be convicted of a DUI:

  • If your BAC of 0.08% or higher
  • If you are under 21 with a BAC of 0.02% or higher
  • If the officer notices your intoxication during the traffic stop
  • By utilizing field sobriety tests
  • By proving you were under the influence of drugs

Penalties for a Virginia DUI/DWI

A first-time DUI is also a Class 1 misdemeanor. Conviction may result in penalties such as:

  • Mandatory minimum fine of $250
  • Maximum possible fine of $2,500
  • Up to 1 year in jail
  • If blood alcohol content (BAC) is .15 or greater but .20 or less, 5 days in jail
  • If BAC is greater than .20, 10 days in jail
  • A 7-day administrative license suspicion
  • Ignition interlock device required for your vehicle
  • 12 month license suspension by the court

The penalties may be even worse for subsequent convictions. 

Reckless Driving in Virginia

The prosecutor will seek to prove you drove recklessly by showing:

  • You were operating a motor vehicle
  • You driving a vehicle on a “highway” as defined by Virginia Code § 46.2-100
  • You endangered other’s lives, property, or limbs as a result of your conduct 

Under Virginia Code § 46.2-852, a prosecutor can also base reckless driving charges on your speed. If you were driving on a highway at 20 miles per hour over the speed limit or more over the speed limit, or above 80 miles per hour regardless of the speed limit, you could face reckless driving charges.

The Penalties You Face

Reckless driving is a Class I misdemeanor under Virginia law. It carries penalties such as:

  • A possible 1 year jail term
  • A fine of up to $2,500
  • Demerit points on your driver’s license

Defend Against Virginia DUI and Reckless Driving Charges

Every defendant deserves the best legal protection against criminal charges. A DUI or reckless driving charge can lead to serious penalties that impact your life in serious ways. A proper defense may prevent these penalties or reduce what you face.

At Battlefield Law Group PLLC, our DUI/DWI attorneys defend your case and your other rights. Contact us today for a free consultation of your case.