Don’t Be Fooled By the Fact that your Summons or Warrant is Marked for “Traffic” Court in Fairfax County. Reckless Driving and DUI/DWI/Driving Under the Influence are crimes in the Commonwealth of Virginia.

Reckless Driving:

- There are many forms of reckless driving, but the most common are:

Virginia Code Section 46.2-862 - Driving 20 mph or more over the speed limit, or over 80 mph regardless of the posted speed limit;

Virginia Code Section 46.2-852 - Driving in a manner generally endangering the life, limb or property of others.

- Reckless driving is a Class 1 misdemeanor (which is the most serious misdemeanor offense in Virginia, and equivalent to assault and battery or possession of marijuana with intent to distribute. The very next more serious crime level would be a felony);

- Punishable by up to 12 months in jail, fines of up to $2,500, court costs, a six-month license suspension, and six demerit points on your driver's license;

- Conviction will forever be on your criminal record and appear in background checks FOR LIFE. It cannot be removed, expunged, or sealed after any period of time. In Virginia, a conviction is for life.

Driving Under the Influence:

- Also known as drunk driving, DWI (driving while intoxicated), or DUI (driving under the influence) is a class 1 misdemeanor in Virginia;

- The offense is not limited to driving with a blood alcohol level (BAL) of 0.08 or higher given that DWI also includes driving while under the influence of alcohol (without proof of any specific BAL), a narcotic drug, , a self-administered intoxicant, or a combination of drugs that impairs the ability to drive;

- DWI is defined by Virginia Code Section 18.2-266;

- Punishable with up to 12 months in jail, $2,500 in fines, court costs, , and license suspension of up to 12 months;

- If your BAL was over 0.15, you face mandatory incarceration and other penalties.