Reckless Driving in Texas | TC Section 545.401

Reckless driving in Texas is a misdemeanor offense that carries potential jail time, fines, and a permanent criminal record. Under Texas Transportation Code § 545.401, a person commits this offense by driving a vehicle in willful or wanton disregard for the safety of persons or property. If you’ve been charged, you need to understand what you’re facing and how to fight back.

Unlike a simple traffic ticket, reckless driving is a criminal charge. A conviction can follow you for years, affecting job opportunities, insurance rates, and even professional licenses. The good news? These charges can often be reduced or dismissed with the right defense strategy.

What Counts as Reckless Driving in Texas?

Texas law defines reckless driving broadly, giving officers significant discretion when making arrests. The key element prosecutors must prove is that you drove with “willful or wanton disregard” for safety. This is more than simple carelessness or negligence. It requires showing you consciously disregarded a known risk.

Common behaviors that lead to reckless driving charges include excessive speeding (typically 25+ mph over the limit), weaving aggressively through traffic, racing on public roads, running multiple red lights or stop signs, and driving on sidewalks or shoulders to pass other vehicles. However, what one officer considers reckless, another might view as aggressive but not criminal. This subjectivity creates opportunities for an effective defense.

Reckless driving is often charged alongside other offenses. Officers may add evading arrest if you failed to stop immediately, or upgrade the charge if alcohol was involved. Understanding the full scope of what you’re facing is the first step toward building your defense.

Penalties for Reckless Driving

Under Texas law, reckless driving is a Hybrid Class B misdemeanor. The potential consequences include up to 30 days in county jail, fines up to $200, and a permanent criminal record. While these statutory penalties may seem relatively mild compared to other criminal offenses, the collateral consequences often prove far more damaging. It is referred to as a hybrid offense because it does not have the typical punishment range for a Class B misdemeanor.

A reckless driving conviction will appear on both your criminal record and your driving record. Insurance companies typically raise rates significantly after a reckless driving conviction, often by 50% or more. Some employers, particularly those in transportation, logistics, or positions requiring driving, may refuse to hire someone with this offense on their record.

For commercial driver’s license (CDL) holders, the stakes are even higher. A reckless driving conviction in any vehicle can trigger CDL disqualification and jeopardize your livelihood. Similarly, professionals with licenses from state boards may face disciplinary action.

If you’re facing reckless driving charges, don’t wait to get legal help. Schedule a free consultation with our criminal defense team at (817) 203-2220 to discuss your options.

What to Expect for Bond

If you’re arrested for reckless driving in Texas, you’ll need to post bond to secure your release. In our analysis of over 52,000 bonds set in Tarrant County, we found that the most common bond for reckless driving under Texas Transportation Code § 545.401(b) was $500, with an average bond of approximately $975.

Several factors can affect your bond amount. If you have prior convictions, outstanding warrants, or were arrested alongside more serious charges, expect a higher bond. Conversely, a clean record and strong community ties typically result in lower bond amounts or even a personal recognizance (PR) bond in some jurisdictions.

Once released on bond, you’ll have conditions to follow. Violating these conditions can result in bond revocation and additional charges. An experienced attorney can help ensure you understand and comply with all requirements while preparing your defense.

Common Defenses to Reckless Driving

Reckless driving charges are highly defensible because the statute requires proving a specific mental state. Simply showing that you were driving fast or made an aggressive maneuver isn’t enough. Prosecutors must prove you acted with willful or wanton disregard for safety.

The most effective defenses often focus on challenging the officer’s characterization of your driving. Was there actually a risk to persons or property? Were road conditions, visibility, or traffic patterns different than what the officer assumed? Video evidence from dashcams, traffic cameras, or nearby businesses frequently tells a different story than the police report.

Other successful defense strategies include challenging the traffic stop itself. If the officer lacked reasonable suspicion to pull you over, any evidence gathered afterward may be inadmissible. Constitutional violations during the stop or arrest can provide grounds for dismissal.

Emergency circumstances can also provide a complete defense. If you were driving to a hospital due to a medical emergency or fleeing a dangerous situation, your actions may not meet the legal definition of recklessness. Context matters enormously in these cases.

How Our Attorneys Have Handled Reckless Driving Cases

At Varghese Summersett, our criminal defense attorneys have secured numerous favorable outcomes in reckless driving cases across Texas. With over 1,600 dismissals and 800 charge reductions on our record, we know how to build effective defenses.

In one recent case, our client was charged with both reckless driving and unlawful carrying of a weapon. The combination of charges created serious exposure. Attorney Alex Thornton investigated the circumstances, challenged the evidence, and successfully obtained a complete dismissal of both charges.

In another case, our client faced reckless driving charges alongside allegations of displaying a fake license plate. Attorney Sheena Winkfield negotiated a resolution that resulted in community supervision rather than jail time, minimizing the impact on our client’s record and future.

Past results do not guarantee future outcomes, but these examples illustrate how aggressive representation can make a significant difference. Every case has unique facts, and we tailor our approach accordingly.

Reckless Driving vs. Related Charges

Understanding how reckless driving relates to other traffic offenses helps clarify what you’re facing. Racing on a highway under Texas Transportation Code § 545.420 is a separate Class B misdemeanor with similar penalties but focuses specifically on speed competitions. If someone is injured during a race, the charge elevates to a state jail felony.

Evading arrest with a vehicle is significantly more serious. Under Texas Penal Code § 38.04, evading in a vehicle is a state jail felony, punishable by 180 days to two years in state jail. This charge is often added when someone continues driving after an officer activates emergency lights.

When alcohol is involved, DWI charges will typically take priority over reckless driving. However, reckless driving is sometimes offered as a plea reduction in DWI cases. This can be advantageous because reckless driving doesn’t carry the same license suspension consequences or enhanced penalties for subsequent offenses that DWI does.

Protect your rights and your record. Talk to a criminal defense lawyer today by calling (817) 203-2220.

What Happens After a Reckless Driving Arrest

The criminal process for a misdemeanor like reckless driving typically begins with an arrest or citation. If arrested, you’ll be booked into county jail and must post bond for release. If issued a citation, you’ll receive a court date to appear.

At your first court appearance (arraignment), you’ll enter a plea. Pleading not guilty preserves all your options and allows time to build a defense. Your attorney can then review the evidence, including police reports, dashcam footage, witness statements, and any other materials the prosecution intends to use.

Many reckless driving cases resolve through negotiation before trial. Depending on the circumstances and your history, options may include dismissal, reduction to a non-criminal traffic offense, deferred adjudication (probation that results in dismissal if completed), or a plea to the charged offense with minimal penalties.

If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you drove with willful or wanton disregard for safety. This is a high standard, and juries often find the subjective nature of “recklessness” difficult to apply. Skilled trial attorneys know how to highlight these ambiguities.

Can Reckless Driving Be Expunged or Sealed?

Texas law provides pathways to clear certain criminal records, but eligibility depends on how your case resolves. If your reckless driving charge is dismissed or you’re found not guilty at trial, you may qualify for expunction. This process destroys all records of the arrest and prosecution as if it never happened.

If you receive deferred adjudication probation and successfully complete it, you may be eligible for an order of nondisclosure. This seals your record from most public access, though law enforcement and certain licensing agencies can still see it.

A conviction for reckless driving cannot be expunged or sealed under current Texas law. This makes avoiding a conviction critically important for your long-term future. Even a misdemeanor conviction stays on your record permanently unless the law changes.

Our team includes attorneys who handle both the criminal defense and subsequent record clearing. We approach every case with an eye toward the best possible long-term outcome.

Why Choose Varghese Summersett

Our criminal defense team brings unique qualifications to every case. With four Board Certified Criminal Law Specialists and six former prosecutors on staff, we understand how both sides approach these cases. This perspective helps us identify weaknesses in the prosecution’s case and leverage opportunities for favorable resolution.

We have offices in Fort Worth, Dallas, Houston, and Southlake, with over 70 team members ready to fight for you. Our track record speaks to our effectiveness, but we know that past results don’t guarantee future outcomes. What we can guarantee is that you’ll receive aggressive, strategic representation from attorneys who genuinely care about protecting your future.

Don’t wait to get help. Call (817) 203-2220 for a free consultation with an experienced criminal defense attorney.

Frequently Asked Questions About Reckless Driving in Texas

Is reckless driving a felony in Texas?

No, standard reckless driving under Texas Transportation Code § 545.401 is a Class B misdemeanor. However, if reckless driving causes serious bodily injury or death, prosecutors may file more serious charges such as criminally negligent homicide or manslaughter, which are felonies.

How many points does reckless driving add to my license?

Texas doesn’t use a traditional point system for driver’s licenses. However, a reckless driving conviction will appear on your driving record and can affect your insurance rates, your ability to maintain a CDL, and your eligibility for certain programs like deferred adjudication on future offenses.

Can reckless driving be reduced to a traffic ticket?

Yes, in many cases an experienced defense attorney can negotiate a reduction from criminal reckless driving to a non-criminal traffic violation. This avoids a criminal record while still resolving the case. The likelihood of obtaining a reduction depends on the specific facts, your prior record, and the policies of the prosecuting jurisdiction.

Will I go to jail for reckless driving?

Jail time is possible but not automatic. Many first-time reckless driving cases resolve with fines, probation, or deferred adjudication without any jail time. However, aggravating factors like prior convictions, extremely dangerous conduct, or causing property damage increase the likelihood of jail being imposed.

How long does reckless driving stay on my record?

A reckless driving conviction stays on your criminal record permanently in Texas unless you qualify for expunction or nondisclosure. It will also remain on your driving record maintained by the Texas Department of Public Safety, typically for three to five years for insurance purposes, though the conviction itself never fully disappears.

Get Help With Your Reckless Driving Case

A reckless driving charge doesn’t have to derail your life. With experienced legal representation, many of these cases result in dismissals, reductions, or outcomes that protect your record and your future. The attorneys at Varghese Summersett have the skills, resources, and track record to give you the best possible chance at a favorable outcome.

We offer free consultations for criminal defense matters and have offices throughout Texas to serve you. Whether your case is in Fort Worth, Dallas, Houston, or anywhere else in the state, we’re ready to fight for you. Call (817) 203-2220 today to speak with a defense attorney about your reckless driving case.