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What Reckless Driving Costs You in South Carolina

By Viola Travers · Practical Services & Civic Guide

Reckless driving in South Carolina carries criminal penalties, not just traffic fines

Reckless driving is a criminal offense in South Carolina, not a civil traffic violation. A conviction means a criminal record, jail time, fines, and a suspended license — not just points on your driving record. South Carolina law defines reckless driving as operating a vehicle with willful or wanton disregard for the safety of persons or property. That language is broad enough to cover speeding 25 miles per hour over the limit, racing, weaving through traffic, or driving with faulty brakes.

The penalties depend on whether this is your first offense and whether anyone was injured. A first offense without injury carries up to 30 days in jail and a fine between $25 and $100. A second offense within ten years carries up to 60 days in jail and a fine between $100 and $200. A third or subsequent offense within ten years carries up to 90 days in jail and a fine between $200 and $300. If someone is injured, the penalties increase significantly.

Key Takeaways

  • Reckless driving is a criminal charge in South Carolina, not a traffic ticket, and results in a criminal record if convicted.
  • First-time conviction carries up to 30 days in jail and a $25 to $100 fine, plus a six-month license suspension.
  • Your license is suspended automatically for six months on a first conviction, one year on a second conviction within ten years, and two years on a third or subsequent conviction.
  • If someone is injured or killed, penalties increase to up to 90 days in jail for injury and up to five years in prison for death.
  • You have the right to contest the charge in court, and many people hire an attorney because the criminal record consequences are severe.

License suspension and how long it lasts

Your driver's license is suspended automatically upon conviction, separate from any jail or fine. On a first reckless driving conviction, your license is suspended for six months. On a second conviction within ten years, it is suspended for one year. On a third or subsequent conviction within ten years, it is suspended for two years.

You cannot drive during the suspension period, even with a restricted license. After the suspension ends, you must pay a reinstatement fee to the South Carolina Department of Motor Vehicles before your license is restored. The fee is $100 for a first suspension and $200 for a second or subsequent suspension within ten years.

What happens if someone is injured or killed

If your reckless driving injures someone, the penalties are much steeper. Reckless driving resulting in injury carries up to 90 days in jail and a fine between $200 and $300. Your license is suspended for two years.

If your reckless driving causes someone's death, you face felony charges. The offense is called reckless homicide, and it carries up to five years in prison. This is a felony conviction, which affects employment, housing, and other aspects of your life far beyond driving.

How reckless driving differs from speeding or other traffic violations

Speeding alone is a traffic violation, not a criminal charge. You pay a fine and receive points on your driving record, but you do not face jail time or a criminal record. Reckless driving is criminal because it involves willful or wanton disregard — meaning you either knew your driving was dangerous or showed such carelessness that you should have known.

A police officer can charge you with reckless driving for speeding, but only if the speed and circumstances suggest criminal intent or extreme carelessness. Speeding 15 miles per hour over the limit in normal conditions is unlikely to result in a reckless driving charge. Speeding 40 miles per hour over the limit in a residential area, or driving 80 miles per hour on a highway with heavy traffic, is more likely to be charged as reckless.

Other violations that may be charged as reckless driving include passing on a solid yellow line, driving with faulty brakes, racing another vehicle, or weaving through traffic. The key is whether the behavior shows disregard for safety, not just a technical violation of the traffic code.

Your options if you are charged with reckless driving

You have the right to contest the charge in court. The prosecutor must prove beyond a reasonable doubt that you drove with willful or wanton disregard for safety. You can challenge the officer's account of your speed, the road conditions, or your intent.

Many people hire an attorney for a reckless driving charge because the criminal record is permanent and affects future employment, housing, and other opportunities. An attorney can negotiate with the prosecutor to reduce the charge to a lesser traffic violation, which carries no jail time and no criminal record. This is called a plea bargain. Whether a reduction is possible depends on the facts of your case and the prosecutor's discretion.

If you cannot afford an attorney, you can request a public defender at your first court appearance. Tell the judge you cannot pay for private counsel, and the court will appoint one for you at no cost.

How a reckless driving conviction affects your insurance and future driving

A reckless driving conviction is reported to your insurance company. Your rates will increase significantly, often by 50 percent or more. Some insurers will cancel your policy outright rather than renew it. You may have to purchase insurance from a high-risk provider, which costs substantially more.

The conviction stays on your driving record permanently in South Carolina. It does not disappear after a set number of years. This means future employers, landlords, or lenders who check your driving record will see the conviction. Some employers, particularly those in transportation or positions requiring a clean record, will not hire you.

If you are convicted a second time within ten years, the penalties double. A third conviction within ten years carries the highest penalties. The ten-year window resets after ten years have passed with no new conviction.

Frequently Asked Questions

Can I get a reckless driving charge reduced to a speeding ticket?

Sometimes, but it depends on the facts and the prosecutor. If the officer's evidence of reckless driving is weak, or if you have a clean driving record, an attorney may negotiate a reduction to speeding or another lesser violation. This requires going to court and working with the prosecutor before trial. You cannot reduce the charge on your own.

What if I was speeding but did not know the speed limit?

Not knowing the speed limit is not a legal defense to reckless driving. The law assumes you know the posted limit. However, if you were driving at a reasonable speed for the road conditions and the officer claims you were reckless, your attorney can argue that your driving did not show willful or wanton disregard for safety.

Do I have to go to jail for a first reckless driving conviction?

The judge has discretion. A first conviction carries up to 30 days in jail, but the judge may sentence you to probation, fines, or community service instead. Jail is not automatic. Your attorney can argue for a lighter sentence based on your record and circumstances.

How long does a reckless driving charge stay on my record?

A reckless driving conviction stays on your driving record permanently in South Carolina. It does not expire or disappear. However, you may be able to have the charge expunged (removed from public record) if you are found not guilty or if the charge is dismissed. A conviction cannot be expunged.

Can I drive to work during my license suspension?

No. South Carolina does not issue restricted licenses for reckless driving suspensions. You cannot drive for any reason during the suspension period, including work. You must use other transportation, carpool, or take leave from work until your license is reinstated.