Should You Plead a DUI Down to Reckless Driving in South Carolina?

When people charged with DUI or DUAC seek representation, they are not just looking for a DUI lawyer in Charleston to go in and beg for the best deal they can get. They want an attorney to explain what to expect, outline possible outcomes, negotiate zealously, prepare the case for trial, and explain ALL the consequences of any possible conviction.

A common DUI or DUAC negotiation in South Carolina results in the defendant pleading to reckless driving, often along with conditions such as alcohol classes. A reckless driving plea can look like a break compared with a DUI conviction, and in many cases it is.

But DUI versus reckless driving is not a simple choice between a serious charge and a minor one. What some people, and even some lawyers, don’t know is that a reckless driving plea can have serious consequences for a person’s driver’s license. In this article, we explain the legal difference between the two charges, when a DUI may be reduced to reckless driving, and when a reckless driving plea can create more problems than it solves. So should you plead a DUI down to reckless driving in South Carolina?

Quick Answer: Often, but not always. A plea from DUI to reckless driving avoids a DUI conviction and its penalties. But reckless driving is still a criminal conviction, carrying a fine of $25 to $200, up to 30 days in jail, and 6 points. A second offense within five years brings a three-month suspension; reckless driving counts toward habitual offender status, and the plea does not by itself end a separate DMV implied consent suspension.

What Is the Legal Difference Between DUI and Reckless Driving?

South Carolina defines DUI in Section 56-5-2930. The State must prove that a person drove a motor vehicle while under the influence of alcohol, drugs, or both, to the extent that the person’s faculties to drive were materially and appreciably impaired. Driving with an unlawful alcohol concentration (DUAC) under Section 56-5-2933 requires proof that the person drove with an alcohol concentration of 0.08% or more.

Reckless driving is a separate offense under Section 56-5-2920. It prohibits driving a vehicle in a manner that indicates a willful or wanton disregard for the safety of persons or property. The focus is on the manner of driving. Excessive speed, racing, passing where visibility is blocked, or aggressive movement through traffic can support a reckless driving charge even when alcohol or drugs play no role.

A prosecutor does not have to prove impairment to secure a reckless driving conviction. On the other hand, poor driving alone does not prove DUI without evidence that impairment affected the driver’s faculties to the degree the statute requires.

What Are the Penalties for Reckless Driving in South Carolina?

Reckless driving is still a criminal offense. Under Section 56-5-2920, a conviction carries a fine of $25 to $200 or up to 30 days in jail. A reckless driving conviction also adds 6 points to your driving record under the South Carolina driving points system, and it will likely increase your insurance costs.

By comparison, a DUI conviction can bring jail or public service, larger fines, a license suspension, the Alcohol and Drug Safety Action Program (ADSAP), and, since May 19, 2024, participation in the Ignition Interlock Device Program even for a first offense, subject to statutory exceptions. You can read more in our article on DUI penalties in South Carolina. The statutory maximum for reckless driving is much lower, but that does not make the charge harmless, especially for a commercial driver, a college student, or someone who already has points or prior offenses on his record.

The following table compares a first-offense DUI with a reckless driving conviction in South Carolina:

Can a DUI Be Reduced to Reckless Driving?

It can happen in appropriate cases, but it requires negotiation or a court resolution, not a right. No attorney should promise that outcome before reviewing the case. Weaknesses in the DUI evidence may create room for discussion. Examples include a questionable traffic stop, incomplete or missing video, problems with field sobriety tests, a breath test issue, or evidence that does not clearly show impairment.

The prosecutor will also consider facts that make a reduction less likely. A serious crash, an injury, very poor driving, damaging statements, or a significant prior record can change the approach. In Charleston-area courts, local procedures and the specific facts matter from the first appearance through any plea discussion.

When Is a Plea to Reckless Driving Not a Good Idea?

For many people, resolving a DUI as reckless driving avoids a DUI conviction, and that can be a meaningful result. But before accepting a reckless driving plea, a defendant should understand what the plea does and does not solve.

The two biggest traps involve prior reckless driving convictions and South Carolina’s habitual offender law. A separate DMV suspension can also remain in effect regardless of the plea. A person charged with DUI should make sure his lawyer knows about every criminal conviction and traffic offense on his record, especially anything from the past five years. While most experienced DUI lawyers will catch these issues, it doesn’t hurt to send a quick email or make a quick phone call to be sure the lawyer knows.

What Happens If You Have Multiple Reckless Driving Convictions?

If a South Carolina driver is convicted of reckless driving a second time within five years of the prior offense, the DMV must suspend his driver’s license for three months. The driver generally will not be eligible for a route restricted or provisional license based on that reckless driving suspension. The driver may also have to file and maintain proof of financial responsibility, commonly called SR-22 insurance, to have his driving privileges restored after the suspension.

When comparing two reckless driving offenses, the DMV looks at whether the offense dates fall within five years. The conviction dates do not control the five-year lookback. This is important because a lawyer cannot delay a reckless driving plea to get past the five-year mark.

What Is Habitual Offender Status in South Carolina?

Being declared a “habitual offender” in South Carolina can be devastating. Under Section 56-1-1090, it generally begins as a five-year loss of driving privileges, with no ordinary restricted or provisional license based on that status. After the first two years, a habitual offender can ask the DMV to restore his driving privileges, but there is no guarantee.

The DMV may grant that request only if the driver has not driven during the habitual offender suspension, has no conviction or pending charge for an alcohol or drug violation or an offense listed in Section 56-1-1020 committed during that suspension, has never had a prior habitual offender suspension, and has no other mandatory suspension that has not reached its end date. If the DMV denies the request, the driver can ask for a contested case hearing with the Office of Motor Vehicle Hearings.

Since May 19, 2024, a habitual offender whose status is based in part on alcohol-related offenses may instead end the suspension by enrolling in the Ignition Interlock Device Program and obtaining an ignition interlock restricted license. The device must remain installed for the remainder of the suspension, or at least three months if less time remains.

Under Section 56-1-1020, a person is a habitual offender if he is convicted of three or more major offenses committed within a three-year period, or ten or more qualifying moving violations committed within a three-year period. Qualifying violations for the ten-conviction threshold include reportable moving violations assigned 4 or more points and the major offenses listed below. Like reckless driving, these offenses are counted using the dates the offenses were committed, not the conviction dates. The major offenses are:

• Voluntary or involuntary manslaughter or reckless homicide resulting from the operation of a motor vehicle;
• Driving or attempting to drive under the influence;
• Reckless driving;
• Driving under suspension, except a suspension for failure to file proof of financial responsibility;
• Any motor vehicle felony, or any felony committed using a motor vehicle; and
• Leaving the scene of an accident resulting in death or injury without stopping and reporting the driver’s identity.

Multiple qualifying offenses committed within a one-day period are counted as one. Reckless driving is on the list. That means a DUI reduced to reckless driving still counts toward habitual offender status.

For example, if a person has a prior reckless driving conviction and a separate conviction for driving under suspension from a different incident, and he is then arrested for DUI, a plea to reckless driving will result in the driver being declared a habitual offender if all three offenses arose from separate acts committed within a three-year period and no statutory exception applies. Learn more in our article on South Carolina’s habitual offender laws.

Does a Reckless Driving Plea End the DMV Case?

A DUI arrest can also start an administrative license suspension that runs separately from the criminal case. If you refused a test, or if your test showed an alcohol concentration of 0.15% or more, the DMV may have suspended your license under South Carolina’s implied consent law. Changing the criminal charge to reckless driving does not necessarily erase that suspension.

To challenge it, you must request a contested case hearing within 30 days of the suspension notice. If the suspension is upheld or you do not request a hearing, ADSAP and ignition interlock requirements may apply even though the criminal case ends in a reckless driving plea.

Before accepting a reckless driving plea, ask whether it resolves only the criminal case, whether a separate DMV suspension is still pending, how many points will be added to your record, and whether the conviction affects a professional license or commercial driver’s license. A quick plea can create consequences that last long after the court date.

What Evidence Separates DUI From Reckless Driving?

In a DUI case, the central question is usually whether the evidence proves material and appreciable impairment at the time of driving. In a DUAC case, the State must instead prove an alcohol concentration of at least 0.08% at the time of driving. Officers may describe an odor of alcohol, red eyes, unsteady movement, slurred speech, or admissions about drinking. Each observation has context. Fatigue, allergies, anxiety, injuries, medical conditions, poor lighting, and roadside conditions can all affect what appears on video.

Chemical testing raises additional questions. A breath result can be powerful evidence, but the State must still show it followed the required procedures and that the result is reliable. A high reading does not automatically mean you are guilty, as we explain in our article on high breath test readings.

Reckless driving cases turn more heavily on the driving itself. A speed-based charge may require reliable speed measurement. A charge based on passing or lane changes may depend on the officer’s vantage point, traffic conditions, and video. A collision alone does not establish willful or wanton disregard for safety.

Is Reckless Driving the Same as a DUI in South Carolina?

No. DUI requires proof of impairment from alcohol, drugs, or both. DUAC requires proof of an alcohol concentration of 0.08% or more. Reckless driving requires proof that the person drove with a willful or wanton disregard for the safety of people or property. These charges can arise from the same traffic stop, but they require different proof. A reckless driving charge may be filed on its own, filed along with a DUI, or offered as a reduced charge during plea negotiations.

Is Reckless Driving Better Than a DUI Conviction?

In many situations, a reckless driving conviction has fewer long-term consequences than a DUI conviction. It is still a criminal conviction, however, and it adds 6 points to your record. A second reckless driving offense within five years, or a conviction that makes you a habitual offender, can cost you your license. Whether reckless driving is the better result in your case depends on your driving record, your license status, and whether a separate DMV suspension is pending.

Will a Reckless Driving Plea Restore My License After a DUI Arrest?

Not automatically. A DMV suspension based on a test refusal or an alcohol concentration of 0.15% or more is separate from the criminal case. Review your license paperwork immediately, because you generally have 30 days from issuance of the suspension notice to request a contested case hearing. If you miss that deadline, you lose the chance to challenge the suspension at a contested case hearing.

Does a Reckless Driving Conviction Count Toward Habitual Offender Status?

Yes. Reckless driving is one of the major offenses under South Carolina’s habitual offender law. Three separate major offenses committed within three years will generally result in a five-year loss of driving privileges, subject to statutory options for earlier restoration or an ignition interlock restricted license in qualifying cases. Before accepting any plea, review your driving record for other major offenses committed within the past three years.

How Can a Charleston DUI Lawyer Help With a Reckless Driving Offer?

You need a Charleston DUI lawyer who knows not just DUI defense, but all driving laws. Too many traps, like the ones described in this article, can get a client into trouble. Also, if a driver ever receives a notice of suspension or habitual offender status from the DMV, they should contact an attorney immediately. Sometimes these decisions can be challenged, but the right to challenge them expires after a certain period, and the deadline depends on the type of notice.

If you are charged with DUI in Charleston and a plea to reckless driving has been offered, make sure you understand every consequence before you accept it. Contact the attorneys at Futeral & Nelson at 843-284-5500 to discuss your case with a Charleston DUI lawyer.