Is Reckless Driving a Misdemeanor or Felony in GA?

By: Atlanta Attorney William C. Head, Top Criminal Defense Attorney Near Me with 47 Years of Experience Defending Georgia Drivers

Reckless driving is a misdemeanor offense, but it can be escalated to a felony if it results in serious injury or death. It is a serious traffic offense in Georgia that carries criminal penalties, including fines and possible license suspension and jail time. Under O.C.G.A. 40-6-390, reckless driving is legally defined as operating a vehicle with reckless disregard for the safety of persons or property. In simple terms, this means driving carelessly or dangerously without considering the potential harm to others.

Most individuals who contact our office for legal advice want to know whether their reckless driving charge is a misdemeanor or felony, or if they’re arrested for DUI, if it’s possible to get their DUI reduced to reckless driving.

This guide will explain what qualifies as reckless driving, provide examples of dangerous driving behaviors, and clarify when it is considered a misdemeanor or felony offense. We’ll also cover penalties, how long a conviction stays on your record, and whether it can be expunged.

What is Considered Reckless Driving Under Georgia Law?

Reckless driving is any action behind the wheel that endangers other drivers, passengers, or pedestrians. It is not limited to speeding—other dangerous behaviors like aggressive weaving through traffic, running red lights, or failing to yield can also result in reckless driving charges.

This careless driving can take many forms, from excessive speeding to ignoring traffic signals. Below are some of the most common examples of dangerous driving behaviors that can lead to criminal charges in Georgia.

Examples of Reckless Driving

Reckless driving in Georgia takes many forms, but all share one thing in common—a blatant disregard for safety. Some of the most common examples include excessive speeding, particularly 30 mph or more over the limit, as well as tailgating, weaving through traffic, or making unsafe lane changes without signaling.

Blowing through red lights or stop signs, failing to yield, or ignoring traffic signals can also land a driver with a reckless driving charge. More serious violations include passing on blind curves, racing another vehicle, jumping curbs, and driving onto sidewalks or medians. In extreme cases, evading police, performing high-speed stunts on public roads, or combining reckless driving with a DUI can result in severe consequences.

While reckless driving is often a misdemeanor offense, if serious injury or death occurs, the charge escalates to a felony—bringing prison time and life-altering consequences.

Is Reckless Driving a Misdemeanor or Felony in Georgia?

Reckless driving in Georgia is typically classified as a misdemeanor, but it can escalate to a felony if the reckless driving behavior results in serious injury or death.

When Is Reckless Driving a Misdemeanor?

Reckless driving Georgia is a misdemeanor when no serious injury or death is caused as a result of the careless driving.

For most drivers, reckless driving is a serious traffic violation but does not result in felony charges unless additional aggravating factors are present.

How Reckless Driving Can Become a Felony in Georgia

Not all reckless driving cases remain misdemeanors. Under Georgia law, a reckless driving charge can escalate to a felony if it serves as a “predicate offense”—a legal condition that allows more serious charges to apply.

Felony charges may follow if reckless driving leads to:

• Serious injury or death (O.C.G.A. 40-6-394 & 40-6-393)
• Fleeing from law enforcement while driving recklessly
• DUI-related reckless driving (DUI + reckless driving increases penalties)
• Street racing, excessive speeding, or aggressive maneuvers that endanger others
• Vehicular homicide or feticide charges (O.C.G.A. 40-6-393 & 40-6-393.1)

If any of these factors apply, a reckless driving charge can quickly escalate to a felony. If you or a loved one is facing these circumstances, call now to discuss your defense options.

Felony Reckless Driving Statutes in Georgia

Georgia law explicitly links reckless driving to serious felony offenses, including:

• Vehicular Homicide (O.C.G.A. 40-6-393) – The unintentional killing of another person while operating a motor vehicle.
• Vehicular Feticide (O.C.G.A. 40-6-393.1) – The unintentional killing of an unborn fetus in a motor vehicle incident.
• Serious Injury by Vehicle (O.C.G.A. 40-6-394) – Causing bodily harm such as paralysis, brain damage, or disfigurement in a reckless driving-related crash.

Because felony reckless driving often results in mandatory state prison time, securing a skilled defense attorney immediately is critical.

Penalties for Reckless Driving Offenses in Georgia

A reckless driving conviction in Georgia carries serious penalties, including up to 12 months in jail, a fine of up to $1,000, and 4 points on your driver’s license.

However, in most cases, first-time offenders do not serve jail time and instead face fines, probation, or defensive driving courses.

License Suspension

Generally, a reckless driving misdemeanor does not mean that your license will be suspended or revoked. However, a RD conviction may trigger license suspension or revocation for specific drivers.

:Georgia has stricter laws for drivers under 21, meaning a reckless driving conviction will automatically result in a suspended license. This is because the point threshold for suspension is lower for young drivers, and a reckless driving charge adds four points to their driving record.

Out-of-state drivers can also face severe consequences if convicted of reckless driving in Georgia. If their home state has stricter laws—such as North Carolina or Virginia—their license may be suspended or revoked once the Georgia Department of Driver Services reports the conviction to their state’s DMVs

How Long Does Driving Stay on Your Record?

A reckless driving conviction stays on your criminal record permanently in Georgia.

Reckless driving cannot be expunged or removed from your record in Georgia. Unlike some misdemeanor offenses that may qualify for record restriction (formerly known as expungement), reckless driving is considered a serious offense and is not eligible for removal under Georgia law.

Need a Reckless Driving Attorney? Contact Us for a Free Consultation

If a loved one is in jail, every second counts. The sooner our top-rated Atlanta DUI defense attorneys get involved, the better the chances of a successful outcome. Police will continue interrogating drivers, often obtaining self-incriminating statements, and jail calls are NOT private—everything is recorded and can be used against you in court.

Unlike most misdemeanors, felony reckless driving in Georgia carries mandatory state prison time. This is not just a traffic ticket—it’s a serious criminal charge that demands an aggressive legal defense. When reckless driving becomes a felony charge, it’s an EMERGENCY. Don’t wait—call us at 404-567-5515 for a FREE consultation.

With over 600 five-star reviews, our firm is led by 47-year veteran criminal defense attorney William C. “Bubba” Head, alongside Larry Kohn and former police officer Cory Yager. Our team has been recognized by Super Lawyers, AVVO, and Best Lawyers in America, and we’ve successfully defended thousands of reckless driving and DUI cases across Georgia.

The three partners are highly rated by Super Lawyers and other attorney rating services. Whether for misdemeanor or felony driving offenses, ALL traffic tickets in Georgia are CRIMES, and we are here to assist in favorably resolving the case.