Being charged with reckless driving in Texas can lead to fines, jail time, or both. In some cases, it can even lead to license suspension.
With a few exceptions, it’s not possible to get a reckless driving charge off your record. But there are steps you can take to mitigate its impact and keep your license.
What Is Reckless Driving?
Under Texas law under Texas Transportation Code 545.401, reckless driving involves operating a vehicle on public roads with willful or deliberate disregard for other people’s safety or property.
You can be charged with this offense if you drive in a manner that endangers others while being aware of the potential consequences. For example, racing on a highway shows deliberate disregard for other road users.
This traffic violation isn’t the same as careless driving or a simple speeding ticket. Careless driving is more about being sloppy or inattentive behind the wheel, such as crossing a solid white line while texting or eating a snack.
What Counts as Reckless Driving?
In Texas, you can be charged with reckless driving for any of the following behaviors:
- Racing or engaging in speed contests
- Going well over the speed limit
- Weaving in and out of traffic
- Driving under the influence of alcohol or drugs
- Ignoring traffic signs and signals
- Eluding a police officer
- Following another car too closely
- Changing lanes erratically
- Driving at night with the headlights off
- Overtaking another vehicle on a blind curve
- Making abrupt maneuvers in poor weather
- Cutting off other drivers
- Using your phone behind the wheel
Whether these behaviors are considered reckless depends on your intent and overall driving context.
Let’s say you’re following another vehicle on the road, maintaining a distance of only a few feet.
If you’re acting this way due to heavy traffic, you can’t be charged with reckless driving. But if you’re aggressively tailgating and flashing your lights to make the car in front of you go faster, that’s reckless behavior.
Does Speeding Count as Reckless Driving?
As far as speeding goes, you can be charged with reckless driving based on two factors:
- How many miles over the speed limit you were driving
- Other behaviors you engage in while speeding
For example, speeding at 100 miles per hour and weaving through lanes or running red lights will most likely lead to reckless driving charges. But normally, speeding on its own doesn’t imply a conscious choice to endanger lives. For instance, you may be speeding to get to the ER without thinking about the consequences of your behavior.
Note that certain violations, such as racing or engaging in speed contests, automatically qualify as reckless driving. You can’t say you were racing because of an emergency, heavy traffic, or other viable reasons.
Texas Reckless Driving Punishment
Reckless driving is punishable by a fine of up to $200 and/or up to 30 days in county jail. In some cases, the court may also order community service.
If you’re a repeat offender, you may also have your license suspended. Under Texas law, you can lose your driving privileges for committing:
- 4+ moving violations, such as reckless driving, within one year
- 7+ moving violations within two years
Driving recklessly under the influence of alcohol or drugs will result in license suspension, too. The same can happen if your behavior on the road causes a serious accident.
Other Consequences of a Reckless Driving Charge
Texas doesn’t have a point system, meaning that no points will go on your license if you’re caught driving recklessly. However, the charge will appear on your record, leading to other consequences. These include:
Increased Insurance Premiums
According to one study, Texas motorists charged with reckless driving pay around 55% more on car insurance than those with a clean driving record. That’s an increase of approximately $871 per year.
Felony Charges
Reckless driving can be charged as a felony and have more severe repercussions.
For instance, you could be charged with vehicular manslaughter or aggravated assault if your actions result in the death or injury of other road users. You could also face felony charges if you’re driving recklessly while intoxicated and cause a car accident.
In such cases, you could also be held liable for the victim’s death or injuries. This means you’d have to go through a lawsuit and potentially pay compensation for lost income, property damage, medical bills, and so on.
Career and Other Impacts
A reckless driving charge will appear on criminal background checks, which may reduce your chance of finding work. If you’re a student, you may no longer qualify for scholarships or degree programs that require a clean record.
How Long Does Reckless Driving Stay on Your Record in Texas?
Reckless driving can stay on your driving record for up to 10 years or even longer, depending on its severity and whether it’s a first-time or repeat offense.
Having a clean driving record can help reduce the duration of a reckless driving ticket. But if you’re a repeat offender, the conviction will stay on your record for longer.
When it comes to your criminal record, a reckless driving charge will stay on your record for life unless it’s sealed or expunged. In Texas, this applies to all misdemeanors, regardless of their nature.
Reckless driving that causes injury or death stays on your record longer than cases without injuries or fatalities. Aggravating factors, like being under the influence, can extend the duration it remains on your record as well.
What to Do If You Are Charged with Reckless Driving
Reckless driving is charged as a class B (or sometimes class A) misdemeanor in Texas, which typically requires going to court. Depending on your circumstances, you can plead guilty or not guilty — and take action accordingly.
Here’s how to deal with a reckless driving charge from the moment you are pulled over:
- Remain Calm: Keep your cool and don’t panic when the police officer stops you. Be respectful and avoid making any statements that could imply fault (e.g., “I was driving a bit too fast, but no one got hurt”).
- Document Everything: Note the exact location, weather conditions, and traffic situation after speaking with the police. These details could come in handy during your trial.
- Review the Citation: Carefully read the citation to understand the charges against you and spot potential errors. Also, check the date of your court appearance, which should be listed at the bottom of the ticket.
- Seek Legal Help: Discuss your case with a traffic lawyer before going to court. They may be able to identify viable defenses or prove that your driving behavior was careless, not reckless. For example, if you got caught speeding and running a red light, your attorney could argue that you were distracted at the time of the offense.
- Prepare for Court: Gather evidence in your favor, such as dashcam footage and witness statements. Talk with your lawyer to see if there’s any way to prove there were no aggravating acts or that your behavior was justified (e.g., you were trying to prevent a collision).
- Go to Trial: Decide how you want to plead and then attend your court appearance(s). Be aware that missing a court date can lead to additional charges, such as a failure to appear, and, potentially, jail time.
- Consider Defensive Driving Courses: Let the judge know that you’re willing to complete a defensive driving course. Think of it as a way to demonstrate you want to become a safer driver and avoid future incidents. The judge may allow you to go to take a defensive driving/driver safety course as part of a plea deal, but it’s best to be proactive about it.
- Follow the Court’s Orders: If you’re found guilty, pay the fine and follow the court’s orders, such as completing probation or community service. Failure to comply can aggravate the charges, resulting in additional penalties.
It’s also a good idea to check if you’re eligible for defensive driving classes before going to court. To qualify, you must meet the following requirements:
- You hold a non-commercial driver’s license
- Your vehicle was insured at the time of the offense
- You haven’t taken defensive driving classes for other traffic violations over the past year
- You did not commit the offense in a construction zone
- You didn’t go more than 25 mph over the speed limit
- You didn’t leave the scene of an accident
- The offense didn’t involve passing a school bus
If you complete a defensive driving course, you can have your ticket dismissed. This would allow you to maintain a clean driving record and keep your insurance premiums from going up.
Just make sure you choose a state-approved course like the one we offer at Traffic Safety Institute.
Our defensive driving program is accepted by all Texas courts and takes only six hours to complete. Plus, you can study online and finish the course in one sitting or spread it out over multiple sessions. Get started now!
Can Reckless Driving Be Expunged in Texas?
If you have a reckless driving conviction in Texas, you can get it off your criminal record under certain conditions:
- You were a minor at the time of the offense
- You were found not guilty at trial
- You entered a deferred prosecution agreement
- The charges against you were quashed or dismissed
For example, first-time offenders who plead guilty may qualify for deferred adjudication.
This legal procedure involves completing probation or other court orders, such as community service, drug testing, or counseling, to keep a charge off your record.
As a general rule, you must wait at least 180 days after being convicted to file for an expunction.
When the time comes, you can complete and submit an application to the Texas Department of Public Safety (DPS). The DPS will send you the hearing date within a month or so.
Final Thoughts
A reckless driving charge can impact your insurance rates, employment opportunities, and other aspects of your life. In the worst-case scenario, you could lose your freedom and driving privileges.
With that in mind, consider taking defensive driving courses to get the conviction dismissed. All you need to do is ask the judge about it during your trial.
If your request is approved, join Traffic Safety Institute to start driver safety school for free. That’s right — you can take our course at no cost and pay only after you pass.
We charge a flat fee of $25, which covers the course materials, audio read-alongs, unlimited retakes, and 24/7 support. What’s more, we’ll submit your certificate of completion to the Texas DPS the same day you finish.
Don’t wait until it’s too late. Start Texas driver safety school for FREE today.
FAQs about Reckless Driving
Looking for further insights? Here are the answers to some frequently asked questions about reckless driving in Texas.
What is a “wet reckless?”
“Wet reckless” refers to a plea bargain that reduces an alcohol-related DUI to reckless driving under the influence of alcohol. The latter charge has lighter penalties than a DUI.
This option is not available in Texas, but a good attorney could negotiate with the prosecutor to reduce your DUI charges.
Is reckless driving worse than speeding?
Reckless driving implies a deliberate disregard for other traffic participants. Therefore, it is a more serious charge than speeding.
However, speeding can be considered reckless driving under certain circumstances. For example, going well over the speed limit while weaving in and out of traffic demonstrates reckless behavior.
How can you report reckless driving in Texas?
If you spot a reckless driver in traffic, you can call 911 or 311 to report their behavior. Some cities in Texas also have dedicated hotlines for traffic violations.
Make sure you provide a clear description of the vehicle in question, as well as information on its location and direction of travel. If possible, write down the license plate number.
