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Columbia South Carolina Criminal Law Blog

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Being Charged with Reckless Driving While Under the Influence

Facing a reckless driving charge in Columbia or elsewhere in South Carolina? If you were allegedly intoxicated, the offense is especially serious. At the Law Office of Jonathan M. Harvey, we help clients protect their rights and interests. A DUI defense lawyer in Columbia can help if you have been charged with reckless driving while allegedly under the influence in South Carolina.

Reckless Driving is a Separate Crime in South Carolina

As a starting point, remember that South Carolina treats reckless driving as a separate and distinct criminal offense (S.C. Code Ann. § 56-5-2920). A person commits reckless driving by operating a motor vehicle with willful or wanton disregard for the safety of persons or property. The statute emphasizes how the driver operated the vehicle, not the driver’s blood alcohol concentration (BAC).

A conviction for reckless driving carries serious consequences. The state generally classifies the offense as a misdemeanor punishable by a fine, imprisonment, or both. Beyond that, the South Carolina Department of Motor Vehicles may assess six points against your driving record. When alcohol or drugs allegedly contribute to reckless behavior, prosecutors often prosecute reckless driving more aggressively. Evidence of impairment can help prove a driver acted with willful disregard for safety.

A Reckless Driver Can (and Often Will) Be Prosecuted for a DUI Too

When an impaired driver commits reckless driving, prosecutors likely charge that person with DUI in addition to reckless driving. These offenses are entirely separate. Each has different legal elements. Reckless driving concerns the manner in which the driver operated the vehicle. DUI requires proof that the driver operated a motor vehicle while under the influence of alcohol or drugs to the extent the person’s faculties to drive were materially and appreciably impaired. Authorities may convict a person of only reckless driving, only DUI, or both offenses.

In some cases, drivers may resolve DUI charges as reduced reckless driving charges when negotiating with the prosecution or if evidence fails to fully support a DUI conviction. Your Columbia, SC DUI defense attorney can determine if this strategy suits your case.

If you or a loved one has been charged with reckless driving while under the influence, do not wait. Contact the Law Office of Jonathan M. Harvey now for a confidential consultation. Get immediate legal support from an experienced Columbia, SC DUI defense attorney who will advocate for your rights.