Burlington Office

FREE CONSULTATION 24/7

Blog

Our law firm has successfully handled thousands of criminal, DWI, and municipal court charges throughout Burlington County and New Jersey.

Schedule free Consultation

Comparing and Contrasting DWI and Reckless Driving

January 26, 2025

DUI and Reckless Driving Comparison in NJ

DWI and Reckless Driving are some of the most severely penalized traffic violations in New Jersey. Along with speeding, they are near the top of the list of the most dangerous infractions frequently occurring in New Jersey. Over 26,000 DUI convictions occur annually in the state, and reckless driving convictions reach even higher numbers. Knowing the difference between these violations is helpful. To understand the legal implications of convictions, penalties, and defenses to these charges in New Jersey, read on for a comparison and contrast of these separate but often confused traffic violations.

However, to get completely educated on what to expect after getting charged with drunk driving, drugged driving, or reckless driving, seek assistance from an experienced defense attorney at Proetta, Oliver, & Fay. We can explain the charges and defend you against them, engage with the municipal court prosecutor on your behalf, and appear with you before a judge while working toward the optimal outcome in your case. Send us an email or call us at 609-850-8284 for a free consultation.

Outlining the Key Distinctions Between DUI and Reckless Driving in New Jersey

The primary difference between a DWI and reckless driving is the driving impairment component. A DUI/DWI involves driving while intoxicated or under the influence of drugs. For a DWI, your blood alcohol content (BAC) registers as .08% or higher on a breathalyzer, and/or you fail field sobriety tests. You can also get a DUI when impaired by street drugs like heroin or driving while impaired by prescription drugs, which is detectable by a blood or urine test or a Drug Recognition Expert (DRE).

Reckless driving does not necessarily include substance impairment, though it can. You can drive recklessly while entirely sober. The reckless part of reckless driving is endangering people or property willfully or wantonly, meaning you do not care whether your dangerous driving hurts anyone or damages anything. Speeding, swerving, running red lights, road rage, intentionally cutting off other vehicles, weaving through cars, and other dangers are examples of reckless driving. So long as you know or should know that your driving is potentially harmful, yet you continue driving that way, the police can charge you with reckless driving.

Reckless Driving vs. DWI: Which is Worse?

A DUI or DWI is a serious offense and can cause you problems for a long time. Though it is only a traffic offense, not a criminal one, the penalties include incarceration, high fines, and other costs and requirements. DWI criminal penalties classify the offense as quasi-criminal. Thus, a conviction will not go on your criminal record but will become a permanent part of your driving record.

On the other hand, reckless driving is typically a traffic offense but can escalate to a companion charge for a disorderly persons offense or indictable crime, depending on the severity of the conduct and its consequences. Speeding at extremely high speeds while intoxicated may result in criminal charges, especially if you hurt someone in the process.

Is the Sentence for a DUI Harsher than Reckless Driving in NJ?

DWI Punishments on a Sliding Scale

DUI/DWI penalties hinge upon the BAC level and history of the accused. A first-time DWI with a BAC of up to 0.10% can result in driving with an ignition interlock device (IID) for three to seven months, a fine payment of up to $400, up to 48 hours in an intoxicated driver resource center (IDRC), and insurance surcharges of $1,000.00 a year for three years. You can get the fine waived and credit against your license suspension if you voluntarily install the IID before being sentenced to do so.

When your BAC is between 0.10% and 0.15%, your penalties include driving with the IID for up to a year, fines up to a maximum of $500.00, and a potential 30-day jail sentence in addition to the insurance surcharge and IDRC hours. When your BAC is above 0.15%, your IID installation period is up to 15 months, plus all the other penalties.

A second DWI results in a one-to-two-year license suspension and a two-to-four-year period with an IID, starting once the license suspension is over. Fines can be as high as $1,000.00, though the other penalties remain the same, except that jail time goes up to 90 days with a potential 30 days of community service. The IDRC must also evaluate you and come up with an individualized plan.

The third DWI penalty includes up to eight years of license suspension plus an IID for up to four years after the suspension. The insurance surcharges go up to $1500.00 a year for three years, and the potential jail sentence increases to six months. An IDRC may recommend an inpatient rehabilitation program. You can spend half of the jail time in a rehab center with the court’s approval.

Reckless Driving Sentencing Based on Priors

On the other hand, the penalties for reckless driving depend on whether it is your first offense and what you are doing. You will pay fines, have five points on your driving record, and face a license suspension or revocation. A first-time reckless driving conviction results in a potential 60-day jail sentence, a fine of up to $200.00, five points on your driving record, and a possible license suspension. For subsequent offenses, the jail sentence goes up to 90 days, the fine to $500.00, and a six-month license suspension.

Criminal Charges in Conjunction with Drunk or Reckless Driving

The hardest penalty to overcome is a DWI or reckless driving case with a criminal charge component where a conviction results in a criminal record. You may also get a DUI or a reckless driving charge in conjunction with another charge like assault by auto, strict liability vehicular homicide, or death by auto, all of which come with major consequences.

Insurance Implications of Reckless Driving and DUI Convictions in New Jersey

Insurance consequences for a DWI are costly. Besides the three-year annual surcharge resulting from a conviction, you face higher insurance rates, even nearly doubling sometimes, as you are considered a risk. Since a DUI stays on your driver’s record, this could affect your insurance premiums for years.

A reckless driving conviction also appears on your driving record and also affects your insurance premiums. You can expect to pay much higher premiums after five points on your driving record. Moreover, if you have points already, you may exceed the allowable 12 points before a license suspension and annual surcharges are assessed against you.

What can be Done to Contest a DWI or Reckless Driving Case?

Though a DWI does not become part of your criminal record, it can permanently stain your driving record, and even prevent you from employability in certain fields. Thus, you need to consider challenging a DWI with help from an experienced NJ DWI defense attorney. Some defenses your attorney may suggest after reviewing your case involve challenging the competency and constitutionality of police action.

You may raise the defense that the police did not conduct the field sobriety testing properly, making you walk and balance on unstable ground, giving improper instructions, shining excessively bright lights in your eyes, or disregarding your information to the officers about your injured leg or prescription medication that affects your balance.

You might also challenge the breathalyzer reading as skewed because of the police procedures. They may not have waited long enough to give the test or ignored the information about your medical conditions and medications. The breathalyzer, too, may be inaccurate if its calibration is off due to negligent maintenance.

When it comes to drug testing, DREs also make errors in their drug impairment assessments. A defense attorney can attack their methodology in evaluating your reflexes to prove your inability to drive safely. In fact, police behavior throughout the incident, from traffic stops to arrests and testing, may be evidence of constitutional violations and unlawful police behavior that affects the admissibility of the evidence the state needs to prove its case.

Reckless driving charges also require evidence legally obtained by the police so that an unlawful traffic stop may be one defense. The real challenge for the state is proving your state of mind to willfully disregard the safety of others, which is a prerequisite to a conviction. The state may rely on circumstantial evidence to prove beyond a reasonable doubt that your actions were intentional and that you were disinterested in who or what was harmed by your erratic driving. A skilled lawyer can create doubt and uncertainty about your state of mind to weaken the prosecution’s case.

Negotiating a Plea Deal when the Circumstances are Right

When the prosecution’s case has flaws that jeopardize a conviction, they might consider working with your attorney to reduce a DUI/DWI to reckless driving, which means you also reduce your penalties. Most importantly, you avoid the indelible mark of a DUI/DWI on your driving record and the harsher penalties that come with a conviction.

Likewise, you can reduce reckless driving to a careless driving conviction when the circumstances warrant and the prosecutor cannot prove intentional recklessness. Careless driving is negligent driving. The state does not have to prove you meant to risk someone else’s life but was carelessly driving a vehicle. The fines and driving record points are lower for a careless driving conviction, so this may be a good option depending on your case.

Though you can negotiate to lower costs and consequences in some situations, a prosecutor may not agree to reduce the charges and push the case to trial. In that event, you want to be ready to defend yourself with competent counsel.

Concerned about Navigating Your South Jersey Legal Case?

Hiring an experienced traffic violation defense lawyer is essential to improving your chances for a more favorable outcome. You want to avoid the long-term financial and other consequences of a DUI or reckless driving conviction and you definitely do not want to risk a second DUI or reckless driving conviction, which raises the penalties significantly under New Jersey law.

Allow our team of attorneys at Proetta, Oliver, & Fay to counsel and guide you through the legal process, including developing the most effective defense strategy to lessen your life’s financial and other restrictions. Our vast background defending DUI and reckless driving cases give us an edge in understanding prosecutorial tendencies and evidentiary weaknesses, which we can leverage to get your charges reduced or dropped entirely.

Ultimately, we know how to navigate municipal and superior courts in Riverside, Mount Laurel, Mount Holly, Burlington Township, Gloucester, Pemberton, Lumberton, Bordentown, Cinnaminson, Burlington County, and throughout South Jersey, so you do not have to face unfamiliar territory alone. Do not hesitate to get the help you need to dismiss or reduce a DWI or reckless driving charge by contacting our local Evesham Township office today. We provide free consultations 24/7 at 609-850-8284.

Contact Us

Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.

Burlington Office

525 Highway 73,
Suite 104, Marlton,
New Jersey 08053
Phone: 609-850-8284
By Appointment Only

Hamilton Office

100 Horizon Center
Boulevard, Hamilton,
New Jersey, 08691
By Appointment Only

Point Pleasant Office

3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only

Middletown Office

180 Kings Highway,
Middletown Township,
New Jersey 07748
By Appointment Only