Reckless driving and reckless endangerment may sound like similar crimes, but they actually refer to two separate and distinct criminal offenses.

Reckless driving and reckless endangerment are both gross misdemeanors that can result in up to 364 days in jail and fines of up to $5,000. Both are commonly charged in connection with driving under the influence (DUI). But the key difference is that reckless driving is a driving offense, while reckless endangerment is not.

Driving under the influence, reckless driving, and reckless endangerment are all serious criminal offenses. If you are facing criminal charges, you need experienced legal representation. Washington criminal defense lawyer Justin Campbell will answer your questions, protect your rights, and fight for a reduction in charges or outright dismissal of your case.

Reckless Driving

Reckless driving occurs when a person operates a vehicle with a “willful or wanton disregard for the safety of person or property.” Because reckless driving is a driving offense, the punishment can also include a 30 days driver’s license suspension.

Charges of reckless driving are common when a person drives at a speed that significantly exceeds the maximum speed limit and exhibits a disregard for the safety of others.

Prosecutors often offer reckless driving as a reduced charge in a DUI case.

Reckless driving is a driving offense and a conviction can affect your insurance rates and result in a 30-day driver's license suspension.

Reckless Endangerment

Reckless endangerment occurs when a person engages in conduct that “creates a substantial risk of death or serious physical injury to another person.” Like reckless driving, it is a gross misdemeanor, punishable by up to 364 and a $5,000 fine. But because it is not a driving offense, a conviction does not carry a mandatory driver’s license suspension.

People are often charged with reckless endangerment when they drive while under the influence of drugs or alcohol with passengers in the vehicle. But charges of reckless endangerment are not limited to driving. You can face reckless endangerment whenever you do something that you know is dangerous to other people. For example, people have faced reckless endangerment charges when a firearm is accidentally discharged while cleaning it or if they engage in unsafe target shooting.

Reducing DUI Charges to Reckless Driving or Reckless Endangerment

An experienced criminal defense lawyer may be able to negotiate to have a DUI charge reduced to reckless driving or reckless endangerment. The challenge is getting the prosecutor to agree to the reduction.

When exploring the possibility or seeking a reduction to a DUI charge, your criminal history is key. If you have prior criminal convictions and are facing a DUI charge, the prosecutor is unlikely to offer a plea to a reduced charge.

The prosecutor will also consider the facts of your case. How did you interact with the police officers when you were arrested? Did you cause an accident? Were there any injuries involved?

Finally, there are technical issues to consider, such as your Blood Alcohol Content, whether the Field Sobriety Tests and breath tests were conducted properly, and whether the police officer violated your rights. If your criminal defense lawyer can have evidence excluded, the prosecutor will have a more difficult time securing a conviction which can pave the way for a plea to a reduced charge.

What To Do If You Are Charged with Reckless Driving or Reckless Endangerment

Driving under the influence, reckless driving, and reckless endangerment are all serious crimes. If you have been charged with any of these offenses, you will benefit from having an experienced Washington criminal defense lawyer on your side.

In situations involving dangerous behavior, especially when you are driving under the influence, police officers will charge you with the most severe offense possible. In many DUI cases, this means you could face DUI charges plus additional charges for reckless driving or reckless endangerment.

But an experienced Washington criminal defense lawyer can negotiate a plea to have the charges reduced or even work to have the case dismissed.

In most cases, as long as there are no aggravating factors, prosecutors in northwest Washington are willing to reduce a first-time DUI charge to a lesser charge, such as reckless driving or reckless endangerment.

If you have been charged with DUI, reckless driving, or reckless endangerment, you should contact a lawyer as soon as possible. Washington criminal defense lawyer Justin Campbell has extensive experience defending people facing DUI charges and related offenses in courts throughout northwest Washington, including Anacortes, Burlington, and Sedro-Woolley, as well as in Friday Harbor, Oak Harbor, and throughout San Juan, Island, and Skagit counties.

The Campbell Law Firm: Criminal Defense in Northwest Washington

Based in Anacortes, the Campbell Law Firm proudly defends people facing criminal charges throughout northwest Washington. To learn more, contact the Campbell Law Firm online or call us at (360) 588-4111 to schedule a consultation to discuss your case and how we can help.