Quick answer

Reckless driving in Arizona is driving with reckless disregard for the safety of people or property. A first offense is a class 2 misdemeanor: up to 4 months in jail, a fine of up to $750 plus surcharges, 8 MVD points, and a possible license suspension of up to 90 days.

What Is Reckless Driving in Arizona?

Under A.R.S. § 28-693(A), a person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving. The statute does not list specific acts. Charges often follow very high speed, weaving through traffic, passing on shoulders, running lights at speed, or driving that ends in a crash.

The key word is reckless. Arizona’s criminal code defines acting “recklessly” as being aware of and consciously disregarding a substantial and unjustifiable risk, where ignoring the risk is a gross deviation from what a reasonable person would do (A.R.S. § 13-105(10)(c)). A mistake, a moment of inattention, or a minor collision is not the same thing.

Reckless driving is often charged alongside criminal speeding or aggressive driving, and sometimes offered as an alternative charge in a DUI case. How it fits with the other charges affects your options.

Is Lane Splitting Reckless Driving in Arizona?

Since September 12, 2026, yes, in most cases. House Bill 2941 (Laws 2026, Chapter 261) added a new subsection: a person who operates a motorcycle in violation of A.R.S. § 28-903(B) or (C) is guilty of reckless driving. Those subsections bar passing in the same lane as the vehicle being overtaken and riding between lanes or rows of vehicles.

Lane filtering is still legal under § 28-903(F) if all of these apply: a two-wheeled motorcycle, a road with at least two lanes in the same direction, a speed limit of 45 mph or less, traffic stopped in your direction, a rider speed of 15 mph or less, and the move can be made safely. Outside those conditions, the rider now faces the full reckless driving penalties, including 8 points.

What Are the Penalties for Reckless Driving in Arizona?

If a jail sentence is imposed and you work or go to school, the court can allow release for up to 12 hours a day, 5 days a week, for those hours (§ 28-693(H)).

What Happens on a Second Reckless Driving Charge?

The penalties jump if you were previously convicted, within 24 months, of reckless driving or certain other driving offenses: negligent homicide or reckless manslaughter in driving a vehicle, wrong-way driving on a controlled-access highway (§ 28-694), racing (§ 28-708), or DUI, extreme DUI, or aggravated DUI (A.R.S. § 28-693(E)). Then:

  • The charge becomes a class 1 misdemeanor (up to 6 months and $2,500).
  • You must serve at least 20 days in jail before any release.
  • MVD must suspend your license for one year.

The 24 months are measured by the dates the offenses were committed, not the conviction dates, and offenses from the same series of acts do not count as a prior (§ 28-693(G)). After 45 consecutive days of the one-year suspension, you may apply for a restricted license (§ 28-693(I); § 28-144).

Facing reckless driving with a prior DUI or traffic conviction? The 24-month window matters. Available 24/7.

Call (602) 888-8020

How Does Reckless Driving Affect Your License?

The 8 points alone reach Arizona’s 8-point threshold, so MVD will order traffic survival school or suspend your license (R17-4-404(B)). If you completed traffic survival school in the previous 24 months, the result is a 3-month suspension instead. MVD also has separate authority to suspend or require traffic survival school after a reckless driving conviction (A.R.S. § 28-3306(A)(4)), and you can request a hearing on that order.

Impound: an officer must remove and impound the vehicle for 20 days if the officer reasonably believes letting you keep driving would expose others to a risk of serious injury or death (A.R.S. § 28-3511(A)(2), (E)). The owner can request a post-storage hearing.

Insurers see the conviction on your MVD record. Commercial drivers should get advice before resolving the case, because a reckless driving conviction can affect a CDL.

How Is Reckless Driving Different From Other Charges?

  • Criminal speeding is about the number on the radar. Reckless driving is about the manner of driving.
  • Aggressive driving requires speeding plus two specific violations and an immediate hazard. It is a class 1 misdemeanor and requires traffic survival school.
  • Endangerment, assault, or criminal damage can be charged when driving puts a specific person at risk or damages property. If someone is seriously hurt, felony charges are possible; see our felony charges page.

How Do You Fight a Reckless Driving Charge?

The driving was not reckless

The State has to show more than a traffic violation. Speed, traffic density, weather, visibility, and how long the driving lasted all bear on whether a risk was substantial and consciously disregarded. Dashcam, body camera, and nearby business video often tell a different story than a short narrative in a report.

Witness accounts and identification

Many cases start with a 911 call. Callers may misjudge speed and distance, or confuse vehicles. If the officer did not see the driving, identification and the caller’s vantage point matter.

Speed evidence

If the case relies on speed, the same questions apply as in a criminal speeding case: radar or lidar calibration, pacing method, and the basis for any estimate.

Necessity

Driving to escape a threat or reach emergency care may be justified if there was no reasonable alternative and the harm avoided was greater (A.R.S. § 13-417).

Motorcycle cases

For lane-splitting charges, the details of § 28-903(F) matter: the speed limit, whether traffic was stopped, the rider’s speed, and the number of lanes.

What Should You Do After a Reckless Driving Citation?

  1. Calendar the arraignment date and court on your citation; missing it leads to a license suspension and possibly a warrant (A.R.S. § 28-3308).
  2. Save any dashcam or phone video, and write down the road, traffic, and weather.
  3. Find out whether you have any qualifying conviction within the last 24 months.
  4. If your car was impounded, ask about the post-storage hearing deadline right away.
  5. Do not discuss the incident with the other driver or post about it.
Phoenix criminal defense attorney Christian Lueders reviewing a case with two clients at the Guardian Law Group office

Why Talk With Guardian Law Group?

A former prosecutor’s view of the State’s case

Before defending clients, Christian M. Lueders served as a Maricopa County felony prosecutor. He has seen how prosecutors decide whether driving was reckless or just a violation, and where those cases are weakest.

Careful, trial-ready preparation

We gather the report, 911 audio, video, and any crash or speed evidence, and we check whether the prior-conviction window actually applies.

Clear answers about what comes next

You will understand the court case, the MVD consequences, and the realistic options in your court. Read what clients say about Guardian Law Group.

Related Arizona Traffic Charges

Reckless Driving Questions and Answers

Common questions about reckless driving charges in Arizona.

Is reckless driving a misdemeanor in Arizona?

Yes. It is a class 2 misdemeanor, or a class 1 misdemeanor if you have a qualifying prior within 24 months (A.R.S. § 28-693(C), (E)).

How many points is reckless driving in Arizona?

Eight. That is enough by itself to trigger traffic survival school or a suspension (A.A.C. R17-4-404).

Will I lose my license for reckless driving?

A judge may suspend it for up to 90 days on a first conviction. A second conviction within 24 months, or a reckless driving conviction after a qualifying prior such as DUI, means a one-year suspension.

Is lane splitting illegal in Arizona?

Riding between lanes outside the lane-filtering conditions in § 28-903(F) is illegal, and since September 12, 2026, it is charged as reckless driving (HB 2941).

Can reckless driving be reduced?

Sometimes, through negotiation, to a lesser traffic offense. It depends on the facts, any injuries or damage, your record, and the prosecutor.

Can my car be impounded for reckless driving?

Yes, for 20 days, if the officer reasonably believes your continued driving would put others at risk of serious injury or death (A.R.S. § 28-3511).