When Does Reckless Driving Become a Felony in Wisconsin?

 Posted on February 13, 2026 in Criminal Defense

In most cases, reckless driving is charged as a misdemeanor traffic violation. It becomes a felony when the incident results in severe consequences. If you have been charged or are being investigated in 2026, it is normal to feel stressed and uncertain. The difference between a misdemeanor and a felony can have a major impact on your future. Our Racine County, WI reckless driving defense lawyer works with drivers who need clear answers during a difficult time.

What Is Considered Reckless Driving in Wisconsin?

Reckless driving is defined under Wisconsin Statute 346.62. A person may be charged if they operate a vehicle in a way that shows disregard for the safety of others.

This does not mean you intended to hurt anyone. Many cases involve a moment of poor judgment, distraction, or misreading traffic conditions. Prosecutors focus on whether the driving created an unreasonable risk.

Common situations that may lead to reckless driving allegations include:

• Excessive speeding
• Aggressive or unsafe lane changes
• Running red lights or stop signs
• Passing in unsafe conditions
• Racing or weaving through traffic

In Racine County, law enforcement often reviews crash reports, video footage, and witness statements when deciding how to proceed.

When Does Reckless Driving Become a Felony in Wisconsin?

Reckless driving itself is usually a misdemeanor, but prosecutors may file separate felony charges under other Wisconsin statutes if someone suffers serious injury or dies.

Wisconsin Statute 940.25 addresses causing great bodily harm by driving while intoxicated. "Great bodily harm" means a serious injury that creates a substantial risk of death, causes permanent disfigurement, or results in long-term loss of bodily function.

If a death occurs, prosecutors may file charges under Wisconsin Statute 940.10 for homicide by negligent operation of a vehicle. These felony charges carry much more severe penalties, including possible prison time.

The severity of the injury often determines how the case is charged, but an experienced defense attorney can help you fight these charges.

How Do Prosecutors Decide Whether To File Felony Charges in a Reckless Driving Case?

After a serious crash, investigators gather evidence before deciding on charges. This process may include reviewing medical records, crash reconstruction findings, and witness interviews. Prosecutors look at the driver’s behavior before the incident and whether outside factors, such as weather or road conditions, played a role.

An investigation does not automatically mean a felony will be filed. Charging decisions depend on the specific facts and the strength of the evidence.

What Is the Difference Between Negligent and Reckless Driving in Wisconsin?

Negligence usually means a driver failed to use reasonable care. Recklessness suggests a stronger disregard for safety.

This difference matters because it can affect both the type of charge and the potential penalties. Courts carefully review the facts to determine whether the conduct rises to the level required for a felony offense.

What Should You Do if You Are Being Investigated or Charged in a Reckless Driving Case?

If you are facing possible felony charges, taking early steps to protect yourself is important.

Consider these actions:

• Do not discuss the case with anyone other than your attorney.
• Avoid posting about the incident on social media.
• Gather any documents or information related to the crash.
• Write down what you remember while the details are still fresh.
• Seek legal guidance before speaking with investigators.

These steps can help protect your rights and prevent misunderstandings.

Can Prior Driving History Affect a Reckless Driving Case?

A prior record of traffic violations or other offenses can influence how a case is handled. While previous violations do not automatically turn a misdemeanor into a felony, they may affect charging decisions or sentencing if there is a conviction.

Schedule a Free Consultation With Our Dodge County, WI Traffic Violations Defense Attorney

At Bucher Law Group, LLC, we help drivers understand what to expect and guide them through each step of the legal process. Attorney Bucher spent 20 years as the Waukesha County District Attorney. He was elected twice as President of the State Wide District Attorneys Association, served on dozens of statewide task forces focused on violent crimes, and has litigated thousands of cases — including some of the most high-profile and complex matters in Wisconsin. His experience offers valuable insight into how these cases are investigated and prosecuted.

If you are facing charges or believe you may be under investigation, contact a Racine County, WI reckless driving defense lawyer by calling 262-446-9222 to schedule a free consultation.