In the state of Idaho, reckless driving is a serious traffic offense. You can be charged with reckless driving If you drive in a careless manner likely to endanger others or property. Convictions come with steep penalties, but is reckless driving a felony?
If you’re facing charges of reckless driving, it’s important to understand the consequences of a conviction and how an attorney can help.
Is Reckless Driving A Felony in Idaho?
No, reckless driving is a misdemeanor in Idaho. Under Idaho Code § 49-1401:
- First conviction: up to 6 months in jail and a fine of up to $1,000.
- Second conviction within 5 years: up to 1 year in jail and a fine of up to $2,000.
A conviction also requires you to file SR-22 proof of insurance with the Idaho Transportation Department.
Reckless driving may not be a felony, but a conviction will certainly have negative consequences on your life. Misdemeanors will stay on your record for life. Having this conviction on your record can also make it more difficult to get a job, especially if that job involves the operation of a motor vehicle.
It is in your best interest to fight the charges. If your case does not look good, trying to negotiate to reduce the charges and penalties may be a possibility. This is not a process that you want to navigate alone. Experienced defense attorneys will advocate for you and help you achieve the best possible outcome.
Attorney John Cutler has more than 30 years of experience and has achieved a “Superb” 10.0 rating by AVVO.com. Before opening his firm, John worked as a prosecutor, so he understands how the system works on both sides. He is committed to helping clients solve their legal problems and protect their rights.
If you’re facing reckless driving charges, don’t wait to contact an attorney. Contact Cutler Law Office, P.A. today.
Will I Lose My License for Reckless Driving?
Yes. Under Idaho Code § 49-326, a reckless driving conviction suspends your license:
| Conviction | License suspension |
|---|---|
| First | 30 days |
| Second within 2 years of the first | 90 days |
| Third within 3 years of the first | 1 year |
What is Considered “Reckless Driving?”
Under Idaho Code § 49-1401, reckless driving means driving on a highway, or on public or private property open to public use, carelessly and heedlessly or without due caution, or at a speed or in a manner that endangers or is likely to endanger any person or property. Since July 1, 2026, it also includes driving more than 20 mph over the limit in an active school or construction zone, and passing where a lane line marks a sight-distance restriction.
Several driving behaviors can be considered “reckless,” including:
- Excessive speeding in areas with poor visibility or passing in a no-passing zone.
- Tailgating (following a vehicle too closely)
- Weaving in and out of traffic
- Failing to obey traffic signs or signals, such as red lights, yield signs, or stop signs
Driving behaviors that pose significant risk to the safety of others and increase the risk of an accident can be considered reckless driving.
Defenses to a Reckless Driving Charge
- Outside an active school or construction zone, speeding alone is usually not reckless driving. The State typically needs more, like weaving, tailgating or ignoring signals.
- The State must prove you were driving. Owning or registering the vehicle is not enough.
- A clean record matters. A first offense with no harm done can support a reduced charge or a lenient sentence.
- Taking a traffic safety course shows the court you are addressing the issue.
What Should I Do If I’m Charged with Reckless Driving?
Reckless driving is serious. You don’t want to make a mistake that can work against you and make it even more challenging to defend yourself. We recommend that you avoid:
- Arguing: The police officer is doing their job. You want to remain cooperative, even if you know that the charge is inaccurate.
- Admit: If you admit fault to the officer, it may be used against you. You want to avoid making any statements that may be misconstrued as an admission of guilt. Remember you have a Fifth Amendment right not to incriminate yourself. It is best not to make admissions.
- Accepting the charges: Fighting reckless driving charges is in your best interest. You do face the possibility of jail and significant fines. You will even lose your license, which can have a significant impact on your ability to get to work.
- Pleading guilty: If you’re ready to plead guilty, it’s a mistake that can cost you greatly. Even if you believe that your actions were reckless, it’s best to have a defense. Working with an attorney to help build a defense is one of the best choices you can make.
- Underestimating the consequences: Reckless driving will have long-term consequences that are easy to overlook. You will lose your license and your insurance premiums are sure to rise. If you work in the transportation industry, your ability to secure employment may be impacted.
Is reckless driving a felony? No. You will not face felony charges, but you still risk going to jail. Building a defense for your charge as soon as possible will allow an attorney to gather evidence and facts to protect your rights.
We’re ready to help you defend yourself from a reckless driving charge. We represent residents in Idaho Falls, Blackfoot, Rigby, St. Anthony, Rexburg, Arco, Island Park, and the surrounding areas.
Call us to speak to an attorney about your reckless driving charge.
