A.R.S. § 28-693

A.R.S. § 28-693 — Reckless Driving

A.R.S. § 28-693 makes it a crime to drive in reckless disregard for the safety of persons or property. It is a charge with two lives: charged directly after crashes and extreme driving, and negotiated into as the standard reduction from a DUI. Either way, it is a real criminal conviction with real license consequences.

We are available 24/7. (602) 595-5222

What the statute says

Reckless driving requires more than bad driving — it requires reckless disregard, a conscious indifference to a known and substantial risk. Speed alone, a lane drift, or a simple mistake is negligence, and negligence is a civil matter. The gap between the two is where these cases are fought: the same facts an officer describes as reckless can usually be described, accurately, as careless.

Penalties

A first offense is a class 2 misdemeanor — up to four months in jail and a $750 fine plus surcharges — and adds eight points to your MVD record, which alone is enough to trigger Traffic Survival School or a suspension. A second reckless driving (or a reckless following a qualifying prior) within 24 months is a class 1 misdemeanor with a mandatory minimum of 20 days in jail, and the court may also take the license. The points and insurance consequences routinely outlast the court case.

Reckless driving and DUI

Reckless driving is the classic negotiated outcome from a marginal DUI — it removes the DUI conviction, the interlock requirement, and the mandatory jail structure. But it is not a free pass: it carries its own points, its own record, and its own repeat-offense trap, and a person who takes a “wet reckless” should understand what they now have on their record.

Defenses

The mental state is the case. Dashcam and witness accounts often support carelessness rather than conscious disregard; crash reconstruction frequently does not support the officer’s inference; and where the charge follows a collision, the collision itself is not proof of recklessness. Options and strategy are covered on the criminal traffic defense page.

Common questions

Is reckless driving a felony in Arizona?

No — a first offense is a class 2 misdemeanor, and a repeat within 24 months is a class 1 misdemeanor with mandatory jail. Related conduct can be charged as a felony under other statutes, such as endangerment, when injury risk is alleged.

How many points is reckless driving?

Eight — the same as a DUI, and enough by itself to trigger Traffic Survival School or a license suspension. The insurance impact at renewal is typically severe.

What is the difference between reckless and careless driving?

Recklessness requires conscious disregard of a substantial risk; carelessness is ordinary negligence and is a civil violation. Arguing the facts down from reckless to careless is a common and often successful defense posture.

FREE INITIAL CONSULTATION

Contact us for a free initial consultation

Or complete the form below to set up a convenient time to discuss your case.

Availability
We are available 24/7.

Submitting this form does not create an attorney-client relationship.