Navigating Alabama’s Reckless Driving Laws: Penalties, Suspension, and Legal Procedures

A charge of reckless driving in Alabama is far more serious than a standard moving violation; it is classified as a misdemeanor criminal offense that carries substantial penalties, including the very real possibility of jail time and a driver’s license suspension. Understanding Alabama Code § 32-5A-190 and the administrative procedures for fighting a license suspension is paramount for anyone facing these serious charges. The state’s strict enforcement reflects the gravity of operating a vehicle with a “willful or wanton disregard” for public safety.

The Legal Definition and Criminal Penalties

In Alabama, reckless driving is defined under Alabama Code § 32-5A-190 as operating a vehicle “carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property,” or in a manner or at a speed likely to endanger any person or property. This standard is much higher than simple negligence and requires a demonstration of conscious disregard for safety.

Penalties for Conviction

A conviction for reckless driving results in a criminal record, points on your license, and carries both financial and custodial sentences. The penalties escalate significantly for repeat offenders:

Offense Level	Jail Time	Fine Range	License Suspension
First Conviction	5 to 90 days	$25.00 to $500.00	Up to 6 months (Court Discretion)
Second or Subsequent	10 days to 6 months	$50.00 to $500.00	Up to 6 months (Court Discretion)

Driver’s License Suspension: The Administrative Process

A conviction for reckless driving can lead to a suspension of your license in one of two ways: either directly imposed by the court as part of the criminal sentence, or administratively imposed by the Alabama Law Enforcement Agency (ALEA) (formerly Department of Public Safety) due to the severity of the offense or accumulated points.

Critical Filing Procedure for Suspension Appeals

When the ALEA/Director of Public Safety initiates a suspension, it is considered an administrative action, separate from the criminal court case. This process has extremely strict and short deadlines that must be followed precisely:

Appealing the Administrative Decision

If the administrative hearing upholds or modifies the suspension, you are not out of options. The next step is a judicial appeal:

Reinstatement Requirements and Costs

If your license is suspended or revoked, you must surrender it to the Director of Public Safety. Driving on a suspended or revoked license is a separate misdemeanor offense with severe penalties, including potential jail time and additional fines.

To have your license reinstated after the suspension period is complete, you must apply to the Director of Public Safety and pay the required fees. For most non-alcohol/drug related suspensions or revocations, the standard reinstatement fee is $175.

Summary: Three Keys to Protecting Your License

The path through an Alabama reckless driving charge is complex, involving both criminal court sanctions and a separate, time-sensitive administrative process for your driver’s license. Working with a dedicated Legal Expert is the most effective way to navigate both systems and protect your future.

Key Takeaways for Alabama Reckless Driving

1. Understand the Severity: Reckless driving is a criminal misdemeanor conviction in Alabama, carrying mandatory minimum jail time for a first offense (5 days) and fines up to $500.
2. Act on the 10-Day Rule: If you receive a Notice of Suspension from the ALEA (Department of Public Safety), you must request an administrative hearing within 10 days of the notice date to defer the suspension.
3. Know the Dual Consequences: Penalties include the court-imposed criminal sentence and the administrative point-based suspension system, which adds 4 points to your driving record.

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Frequently Asked Questions (FAQ)

Q: Is reckless driving a criminal offense in Alabama?

A: Yes. Reckless driving under Alabama Code § 32-5A-190 is a misdemeanor criminal offense, not a mere traffic infraction. A first conviction carries a sentence of 5 to 90 days in jail and a fine.

Q: How many points does reckless driving put on my license?

A: A conviction for reckless driving adds four points to your Alabama driving record. If you accumulate 12 or more points in a two-year period, your license will be suspended for one year by the Director of Public Safety.

Q: How long do I have to appeal an administrative license suspension in Alabama?

A: You have only 10 days from the date of the notice to request an initial administrative or pre-suspension hearing with the Director of Public Safety. If the suspension is upheld after that hearing, you then have 30 days to appeal the decision to the Circuit Court.

Q: What is the reinstatement fee after a reckless driving suspension?

A: After the suspension period ends, you must pay a reinstatement fee to the Alabama Law Enforcement Agency (ALEA). For most non-alcohol or drug-related suspensions, the fee is $175.

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