When motorists share the road with other road users, they have a responsibility to comply with traffic regulations. Traffic laws aim to maintain order and the safety of all road users. Among the most serious traffic violations that motorists can be charged with are reckless driving and impaired driving.
Both offenses are classified as significant threats to public safety. However, motorists should know that the state of Virginia treats them differently. Understanding the differences between the two offenses is important for anyone who drives in Virginia.
What is reckless driving?
Many Virginia residents might assume that reckless driving is nothing more than a simple traffic infraction. In reality, traffic regulations classify reckless driving as a criminal misdemeanor. This classification makes this traffic violation as serious as a DUI.
State law defines reckless driving as driving a vehicle in a way that threatens the lives of other users and the structural integrity of nearby properties. Motorists might be curious to know the specific actions that qualify as reckless driving. They include:
- Driving over 85 mph
- Driving 20 mph over the posted speed limit
- Racing
- Passing a stopped school bus
Motorists should keep in mind that reckless driving is based on potential danger rather than actual harm caused. For this reason, reckless drivers may get into legal trouble even if no accident occurs.
What is impaired driving?
Most motorists are familiar with what impaired driving entails and many have encountered DUI trouble before. Impaired driving occurs when a driver operates their vehicle while under the influence of alcohol or drugs.
Drivers can get into DUI trouble for operating their vehicle under the influence of drugs, alcohol, or a combination of the two. Unlike reckless driving, DUI charges are tied to measurable impairment. Law enforcement officials often determine a driver’s impairment through breath, blood or field sobriety tests. DUI charges are governed by Virginia Code § 18.2-266 and carry unique penalties tied to substance use.
Both reckless driving and impaired driving carry significant legal consequences that motorists should try to avoid. Drivers who find themselves on the wrong side of the law may find that enlisting legal support can help minimize possible penalties.
