Negligent Driving, Reckless Driving & DUI – How Are They Different?

In Washington State, Negligent Driving in the First Degree, Reckless Driving, and DUI are all traffic-related offenses, but they have distinct legal elements, penalties, and implications.

Driving in a negligent manner (not necessarily reckless)
Creates a danger to people or property
Shows effects of alcohol, drugs, or another intoxicant (but does not meet DUI standards)

Misdemeanor (lower-level than DUI- a gross misdemeanor)
Up to 90 days in jail and a $1,000 fine (typically no jail)
No mandatory license suspension (but may depending on criminal history)
No ignition interlock requirement (but may depending on criminal history)

Example: A driver is stopped for weaving and has alcohol on their breath, but their BAC is below 0.08 and there isn’t enough evidence for a DUI charge.

Driving with willful or wanton disregard for safety. No requirement to show intoxication.

Gross Misdemeanor (more serious than Negligent Driving)
Up to 364 days in jail and a $5,000 fine
Mandatory 30-day license suspension
Possible ignition interlock device if alcohol-related

Example: A driver speeds aggressively weaves through traffic at high speeds or races another vehicle, regardless of intoxication.

A BAC of 0.08+ (alcohol) OR 

5+ ng/mL THC (marijuana) OR 

Being “affected by” alcohol or drugs (even if below the legal limit).

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Penalties For DUI Conviction (First Offense)

Mandatory 24-hour minimum jail time (up to 364 days)
Fines from $990 – $5,000
90-day minimum license suspension
Ignition interlock device required
Probation and possible alcohol treatment requirements

Example: A driver is pulled over for erratic driving and fails a breathalyzer test with a BAC of 0.10%.

* There is NO requirement to feel impaired or “high” to be charged and convicted of DUI. At least 30% of our DUI cases do not involve a BAC sample at .08 or higher. The state charges many DUI cases with BAC results between .04 and .08 (or lower) under the “affected by” portion of the statute.

The “Basics” chart does not take into consideration if you refused the BAC, have a BAC over 0.15, have relevant criminal history, or have other additional “special allegations” added to your original charge.

It is important to note that Department of Licensing administrative actions will be more severe based on your criminal history as well as: 1) if your BAC was above 0.15, 2) you refused the breathalyzer or blood test, and/or 3) if you had minors in the vehicle. 

All three of these considerations will be added to the charge of DUI as “special allegations.” During plea negotiations, the defense attorney will try to get the state to strike the special allegation/s to avoid the increase in jail time and DOL impacts associated with these special allegations. Generally, the prosecutor is most reluctant to strike a special allegation that involves minor children. 

What Happens At Arraignment?

If there are issues with your DUI case, a prosecutor may consider a reduction to Reckless or Negligent Driving First Degree. A reduction to Negligent First Degree is better than Reckless but a reduction of any kind will depend on the facts of your case and your criminal history.

However, it’s important to note that a prosecutor never has to give an offer to reduce and may proceed right to trial on your DUI charge. Most DUI cases do not have significant issues in terms of legal or procedural challenges and, therefore, do not expect to be offered a reduced charge. 

No License Suspension or SR-22 Insurance: A Negligent Driving First Degree conviction does not result in a license suspension or require SR-22 high-risk insurance. However, there could be other reasons the DOL suspends your license so you must confirm with DOL how your conviction or plea will impact your license (i.e. three or more tickets in one year or other reasons).

Ignition Interlock Device (IID): Not required unless it’s a second conviction reduced from a DUI.

If you have a prior DUI-related offense within the last 7 years, the DOL requires an IID for at least six months. You must have 180 violation-free days before you can remove the IID. The IID provider will send the certificate to DOL.

Alcohol/drug assessment and completion of any recommended treatment.

Attendance at a victim’s impact panel.

Some jurisdictions require a defensive driving class.

Probation of up to two years.

The conviction remains on your criminal record permanently unless eligible for expungement.

DUI Overview Page