Reckless driving

In Nevada, reckless driving is the most common charge a DUI gets reduced to through negotiation. People sometimes call this a “wet reckless” or “dry reckless,” but those are informal terms borrowed from California. Nevada has no separate alcohol-related reckless driving offense. The conviction is reckless driving under NRS 484B.653.

A reckless driving conviction avoids much of what a DUI conviction carries:

• No DUI license revocation (a first-offense DUI carries 185 days)
• No statutory ignition interlock requirement
• Not counted as a prior DUI under NRS 484C.400 if you are ever charged with DUI again
• DUI school and a Victim Impact Panel are not required by statute, though prosecutors often make them part of the deal
• Less stigma on background checks, since “reckless driving” reads differently than “DUI”
• Lower insurance rate impact in many cases

It is still a misdemeanor conviction, and the conditions of the deal have to be completed. The separate DMV administrative action after a failed or refused test also runs on its own track. But for most people facing a first-offense DUI with a borderline BAC or a challenging stop, negotiating to reckless driving is a good result.

Nevada's reckless driving statute requires willful or wanton disregard for the safety of others. That's a higher standard than careless or negligent driving. The prosecution has to show the defendant consciously chose to drive in a way that endangered others, not just that they were distracted or made a mistake.

This distinction comes up most in cases where the driving was dangerous but arguably not deliberate. Someone who was speeding because they were late, or who misjudged a gap in traffic, may have been driving carelessly, but careless driving isn't reckless driving under Nevada law.

Officers and prosecutors often use "reckless driving" as shorthand for any dangerous driving. But when the facts show inattentiveness rather than willful indifference, the charge can be reduced or dismissed.

Standard reckless driving is a misdemeanor. But if the reckless driving causes substantial bodily harm to another person, it becomes a Category B felony, with one to six years in prison. If someone dies, the same Category B felony penalties apply, and depending on the circumstances, additional charges like vehicular manslaughter may also be filed.

These cases call for a different defense. The causation question, whether the reckless driving actually caused the harm, becomes the center of the case. Accident reconstruction, medical evidence about the nature and cause of injuries, and expert testimony are often necessary.

If you were also cited for or arrested on DUI charges, the two cases are connected. How the reckless driving is handled affects the DUI, and vice versa. Don't treat them separately.

Request your dashcam footage, any traffic camera footage, and the officer's report as early as possible. In cases involving accidents, physical evidence from the scene (skid marks, vehicle positions, road conditions) degrades or disappears quickly.

Call 702-990-0190 for a free consultation.

A misdemeanor reckless driving conviction can generally be sealed 1 year after release from custody or discharge from parole or probation. The Category B felony version, involving substantial bodily harm or death, has a waiting period of at least 5 years (NRS 179.245). If you were convicted and believe legal errors occurred at trial, an appeal may be an option.