Virginia's Reckless and Improper Driving Laws and Penalties

Virginia has expansive reckless driving laws. All kinds of traffic violations and unsafe driving can lead to reckless driving charges. This article explains the circumstances that can result in reckless driving charges and the penalties you'll face for a conviction.

What Is "Reckless Driving"?

Under Virginia's general reckless driving statute, a motorist can be convicted of reckless driving for operating a vehicle on a public road "at a speed or in a manner so as to endanger the life, limb, or property of any person." A person also can be convicted of reckless driving for operating a vehicle in the same manner in a parking lot or place open to the public. (Va. Code §§ 46.2-852, 46.2-864 (2025).)

But Virginia law also lists 14 different traffic violations that, if proven, automatically establish reckless driving. These include:

• driving without "proper control" of a vehicle or with faulty brakes
• unsafe passing on a curve or crest of a hill
• driving a vehicle that's overloaded—or with too many people in the front seat—to the extent that it interferes with the driver's ability to operate the vehicle or see out of the front or side windows
• passing two vehicles abreast on a road with less than three lanes in each direction
• driving abreast of another vehicle on a single-lane road
• passing at a railroad crossing on a single-lane road
• failing to stop when approaching a stopped school bus
• failing to use turn signals properly
• exceeding a reasonable speed under the circumstances and traffic conditions, regardless of the posted speed limit
• failing to move over a lane when approaching emergency vehicles with lights flashing on a highway with at least four lanes (or failing to proceed with due caution if the lane change would be unreasonable or unsafe)
• exceeding the speed limit by at least 20 miles per hour or driving more than 85 miles per hour
• failing to properly stop before entering a highway from a side street
• exhibition driving or racing another vehicle, and
• entering a "HOT lane" (high-occupancy toll lane) by crossing a barrier, buffer, or other separator.

All of these violations constitute reckless driving, regardless of whether anyone or anything was actually endangered by the person's driving. (Va. Code §§ 33.2-503, 46.2-852 through 46.2-867 (2025).)

Fines and Jail for Reckless Driving

The penalties for a reckless driving conviction depend on the circumstances. But generally, reckless driving is a class 1 misdemeanor. Convicted motorists could face up to 12 months in jail and a maximum $2,500 fine. And if the offense involved unlawful use of a cellphone while driving, there's an additional $250 fine. (Va. Code §§ 18.2-11, 46.2-818.2, 46.2-868 (2025).)

Many reckless driving charges won't involve active jail time, but jail is more likely if there was an accident or the driver's behavior was especially dangerous. And a person whose reckless driving caused another's death and who was driving with a suspended or revoked license will, if found guilty, be convicted of a class 6 felony. A class 6 felony carries up to 5 years in prison and a maximum fine of $2,500. (Va. Code §§ 18.2-10, 46.2-868 (2025).)

License Suspension and Points for Reckless Driving

Generally, a judge can suspend the license of a reckless driving offender for up to six months. And depending on which type of reckless driving, the conviction will put four or six points on the motorist's driving record. (Va. Code §§ 46.2-393, 46.2-492 (2025).)

For offenses involving street racing, the judge must suspend the driver's license for six months to two years. Virginia also will seize and sell the vehicle used in the street race if the owner was the driver or if the owner was in the vehicle and allowed it to be used for street racing. (Va. Code §§ 46.2-865, 46.2-867 (2025).)

A person whose license is suspended for reckless driving may be able to get a restricted license. A restricted license allows a person to drive only for specific purposes, such as going to school, work, or health care appointments. (Va. Code §§ 18.2-271.1, 46.2-393 (2025).)

Intelligent Speed Assistance for Reckless Driving

Beginning in July 2026, motorists who drive recklessly might need to enroll in the Intelligent Speed Assistance (ISA) Program. People enrolled in the ISA Program must install an ISA device on every vehicle they use. An ISA device uses GPS and other technology to limit a vehicle's speed based on the speed limit. (Va. Code § 46.2-507 (Effective July 1, 2026).)

The court may require that a person enroll in the ISA Program and install an ISA device for 60 days to 6 months for the following reckless driving offenses:

• driving more than 20 miles per hour above the speed limit
• driving more than 85 miles per hour, regardless of the speed limit,
• or driving too fast for the conditions and circumstances.

If a person was driving faster than 100 miles per hour, the court must either suspend the driver's license or order enrollment in the ISA program for 60 days to 6 months. (Va. Code §§ 46.2-393, 46.2-861, 46.2-862 (Effective July 1, 2026).)

Reckless Driving and DUI Charges ("Wet Reckless")

In some circumstances, it's possible for a driver who's charged with driving under the influence (DUI) to plea bargain for a lesser charge in Virginia. When a DUI is plea bargained down to a reckless driving charge, it's often called a "wet reckless."

A wet reckless carries the same penalties as any other reckless driving conviction, except the court can, in addition to the other penalties, order the motorist to complete an "alcohol safety action program" as a condition of probation. (Va. Code § 18.2-271.1 (2025).)

What Is "Improper Driving" and What Are Its Penalties?

Virginia's reckless driving laws might seem harsh, but judges do have some leeway: For an offense where the "degree of culpability is slight," a judge can find the driver guilty of "improper driving" instead of reckless driving. A prosecutor also may reduce the charge to improper driving. Improper driving is a traffic infraction and carries a fine of up to $500—jail time isn't a possibility. (Va. Code § 46.2-869 (2025).)

Getting Help From a Defense Attorney

The consequences of a reckless driving conviction in Virginia can be serious. If you've been arrested for or charged with reckless driving, get in contact with an experienced criminal defense attorney. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation.