Could You Go to Jail for Reckless Driving?

 Posted on May 29, 2025 in Criminal Defense

Every state has its own driving rules, with the goal of keeping roadways safe for all drivers. When a person breaks these rules, they could face penalties, some of which are serious. While reckless driving is never a minor issue, sometimes it can be more serious than others.

In the state of Wisconsin, reckless driving that results in great bodily harm to another person can be charged as a Class I felony. Felony convictions can have immediate effects, such as jail time and steep fines, but they can also have long-term consequences. A person with a felony conviction can find it difficult to obtain employment, a government student loan for college, or a professional license.

Felony convictions can prevent a person from owning a firearm and even voting in some states. If you are facing reckless driving charges, you should not view the charges as nothing more than a simple traffic violation. Speak to an experienced Milwaukee County, WI traffic law attorney as quickly as possible.

What is Considered Reckless Driving in Wisconsin?

Reckless driving can be somewhat subjective, but it is generally considered to be:

• Endangering a person or property through behaviors that surpass "negligent" driving.
• Willfully disregarding the safety of others by driving at an excessive rate of speed, running stop signs or stop lights, failing to yield the right-of-way, texting while driving, or driving while impaired.
• Seriously injuring a person as a result of reckless driving behaviors.
• Deliberately engaging in potentially dangerous behaviors like street racing, passing on a double yellow line, passing a stopped school bus, or evading law enforcement.
• Endangering a person by driving around a crossing gate or over railroad tracks when the lights are flashing.
• Driving aggressively because of road rage.

What Are the Penalties in Wisconsin for Reckless Driving?

The exact charges will determine the severity of the reckless driving incident, which in turn determines the penalties. A first offense for reckless driving – assuming nobody was seriously injured – could result in a maximum fine of $200 and six points added to the driver’s record. Receiving 12 points within one year can result in a license suspension.

Two convictions for reckless driving within a four-year period could result in up to one year in jail and a maximum fine of $500. A reckless driving conviction that resulted in minor injuries to another person could also result in up to a year in jail and a maximum fine of $500. A reckless driving conviction that results in serious bodily injury to another person is a felony conviction that carries penalties of up to three and a half years in prison.  

What Are Valid Defenses to Reckless Driving in Wisconsin?

While an individual’s defense will depend on the facts and circumstances surrounding the charges, some potential defenses include:

• The defendant let another person borrow his or her vehicle or was a passenger in the car rather than the driver.
• The driving behavior was not reckless.
• It was necessary to drive recklessly because of an emergency.
•  Mistakes were made by law enforcement; there was no reasonable suspicion for the initial stop, or the defendant was not properly Mirandized or allowed to contact an attorney.  

Contact a Racine County, WI Traffic Crimes Lawyer

If you are facing reckless driving charges or any other type of criminal traffic offense, it is important that you speak to a Waukesha County, WI traffic crimes attorney from Bucher Law Group, LLC. Attorney Butcher has personally litigated thousands of cases and spent 20 years as the Waukesha County District Attorney, affording him a unique perspective and providing benefits to his clients. To schedule your free consultation, call 262-303-4916.