California Reckless Driving Laws: VC 23103 Penalties and Points

California makes reckless driving a misdemeanor under Vehicle Code Section 23103: driving on a highway or in an offstreet parking facility "in willful or wanton disregard for the safety of persons or property" is punishable by 5 to 90 days in county jail, a fine of $145 to $1,000, or both. Section 23103 names no speed at which driving becomes reckless (driving over 100 mph is a separate infraction under Section 22348(b)), a conviction carries 2 points on the driving record under Section 12810(c), and higher penalties apply when reckless driving injures someone else (Sections 23104 and 23105).

Information last verified on 2026-10-21. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers California state statutes on reckless driving (Vehicle Code 23103 to 23105), speed contests, exhibitions of speed and sideshows (Section 23109 and related sections), the 100 mph and basic speed laws, points and DMV license actions, the wet reckless rule in Section 23103.5, evading a peace officer, and driving without a valid license. It does not cover DUI penalties (see California DUI laws), homicide offenses (see California manslaughter laws), leaving the scene of a crash (see California hit-and-run laws), city or county ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in California?

California defines reckless driving in Vehicle Code Section 23103, which has two parallel subdivisions, one for public roads and one for parking lots open to the public:

"(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." Cal. Veh. Code 23103(a)

"(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." Cal. Veh. Code 23103(b)

The offense has two parts: driving a vehicle in one of those places, and doing it with willful or wanton disregard for the safety of people or property. The statute does not list specific acts. For the section's full text, see our Vehicle Code 23103 explainer.

Where Section 23103 applies

• Highways. Vehicle Code Section 360 defines a highway as "a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street."
• Offstreet parking facilities. Section 12500(c) defines the term as "any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers."

The definition expressly includes publicly owned lots and free private lots held open to retail customers. Section 23100 adds that the provisions of the chapter "apply to vehicles upon the highways and elsewhere throughout the State unless expressly provided otherwise."

What "willful or wanton disregard" means

The Supreme Court of California addressed this wording in People v. Young (1942) 20 Cal.2d 832, a majority opinion by Justice Carter. Young was a homicide case, but the court compared the homicide statute's word "reckless" with the reckless driving statute's "wilful or wanton." The opinion first described the mental state:

"Wilful indifference to the safety of others, is an intentional lack of regard concerning the safety of others, or "an intentional doing of something with knowledge that serious injury is a probable result.""

It then said of the two statutes:

"While it is true that with reference to the disregard for the safety of others in defining reckless driving, the character of the disregard is described as "wilful or wanton" rather than "reckless" as appears in section 500, there is no substantial difference."

Is reckless driving a misdemeanor in California? Penalties

Yes. Vehicle Code Section 40000.15 lists "Sections 23103 and 23104, relating to reckless driving" among the provisions that "shall constitute a misdemeanor, and not an infraction." The penalty is set by Section 23103(c):

"(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105."

Section 23103(c) contains no higher tier for a second or later conviction. A repeat conviction instead matters for the license (the DMV may suspend after a second reckless driving conviction, covered below) and counts as a prior for the great-bodily-injury tier of Section 23104(b).

When reckless driving injures someone

• Bodily injury (Section 23104(a)). When reckless driving "proximately causes bodily injury to a person other than the driver," the range is 30 days to six months in county jail, a fine of $220 to $1,000, or both. Section 40000.15 makes Section 23104 a misdemeanor.
• Great bodily injury with a prior (Section 23104(b)). A person convicted of reckless driving that proximately causes great bodily injury, as defined in Penal Code 12022.7, to someone other than the driver, who "previously has been convicted of a violation of Section 23103, 23104, 23105, 23109, 23109.1, 23152, or 23153," faces imprisonment under Penal Code 1170(h), or 30 days to six months in county jail, or a fine of $220 to $1,000, or both the fine and imprisonment.
• Listed serious injuries (Section 23105). When reckless driving under Section 23103 proximately causes one or more listed injuries to a person other than the driver, the punishment is imprisonment under Penal Code 1170(h), or 30 days to six months in county jail, or a fine of $220 to $1,000, or both the fine and imprisonment. The injuries listed in Section 23105(b) are: "(1) A loss of consciousness. (2) A concussion. (3) A bone fracture. (4) A protracted loss or impairment of function of a bodily member or organ. (5) A wound requiring extensive suturing. (6) A serious disfigurement. (7) Brain injury. (8) Paralysis."

Under Penal Code 17(a), a crime punishable by county jail imprisonment under Penal Code 1170(h) is a felony, and Section 1170(h)(1) sets a term of 16 months, or two or three years, where the offense specifies none. Because Sections 23104(b) and 23105 also allow a jail term or a fine, they can be punished as either a felony or a misdemeanor (Penal Code 17).

Reckless driving to capture images for a commercial purpose

Section 40008(a) sets a separate penalty for a person who violates Section 21701, 21703 or 23103 "with the intent to capture any type of visual image, sound recording, or other physical impression of another person for a commercial purpose." That person "is guilty of a misdemeanor and not an infraction" punishable by up to six months in county jail "and by a fine of not more than two thousand five hundred dollars ($2,500)." Under Section 40008(b), if the person also "causes a minor child or children to be placed in a situation in which the child's person or health is endangered," the maximum rises to 364 days in county jail (Penal Code 18.5) and a fine of up to $5,000.

Double fines in designated safety zones

Section 42010 applies to reckless driving under Sections 23103, 23104 and 23105, speed contests under Sections 23109 and 23109.1, and violations of the speed-limit chapter and the driving, overtaking and passing chapter, when committed within an area designated as a Safety Enhancement-Double Fine Zone under the Streets and Highways Code. In those zones, "the fine, in a misdemeanor case, shall be double the amount otherwise prescribed, and, in an infraction case, the fine shall be one category higher than the penalty otherwise prescribed by the uniform traffic penalty schedule."

How fast is reckless driving in California?

Section 23103 sets no speed at which driving becomes reckless. The question under that section is willful or wanton disregard for safety, not a number on the speedometer.

Two speed rules sit beside it:

• Over 100 mph (Section 22348(b)). A person "who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction." On a first conviction the fine is up to $500, and the court "may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days." For an offense within three years of a prior offense resulting in a conviction under the subdivision, the fine is up to $750 and the DMV must suspend the license for six months, or restrict it for six months to work travel (Section 13355(a)). For an offense within five years of two or more such prior offenses, the fine is up to $1,000 and the DMV must suspend the license for one year, or restrict it for one year to work travel (Section 13355(b)). Separately, under a pilot program the DMV and the California Highway Patrol announced on December 22, 2025, a citation for driving over 100 mph is referred to the DMV Driver Safety Branch, which reviews the driver's record and may suspend or revoke the license; the DMV states that its decision "does not depend on a conviction."
• The basic speed law (Section 22350). "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property." Under Section 40000.1, a violation of the code is an infraction unless another provision says otherwise.

Reckless driving points and license consequences in California

Points

Section 12810(c) provides that "A conviction of reckless driving shall be given a value of two points." Section 12810 also assigns two points to a speed contest or exhibition of speed under Section 23109(a) or (c), a speed contest causing listed injuries under Section 23109.1, driving over 100 mph under Section 22348(b), and evading under Sections 2800.2 and 2800.3 (12810(d)(1)), and to driving while suspended or revoked under Sections 14601, 14601.1, 14601.2, 14601.3 and 14601.5 (12810(e)). "Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point" (12810(f)).

Points matter because of the negligent-operator rule in Section 12810.5(a): a person whose driving record shows "four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle."

Suspension and revocation

Reckless driving that injures no one is not on the DMV's mandatory revocation list in Section 13350, which names reckless driving causing bodily injury. The license provisions that reach reckless driving are:

• Reckless driving causing bodily injury: mandatory revocation. Section 13350(a) provides that the DMV "immediately shall revoke" the driving privilege on receiving a court record showing a conviction of "Reckless driving causing bodily injury" (13350(a)(3)). Under Section 13350(c), the DMV may not reinstate the privilege until one year after the revocation and until the person gives proof of financial responsibility (Section 16430). The same subdivision covers a driver's failure to stop and comply with Section 20001 after a crash that injures or kills someone (13350(a)(1)); see California hit-and-run laws.
• Three convictions in 12 months: three-year revocation. Under Section 13351(a)(2), the DMV must revoke the privilege on "Conviction of three or more violations of Section 20001, 20002, 23103, 23104, or 23105 within a period of 12 months from the time of the first offense to the third or subsequent offense, or a combination of three or more convictions of violations within the same period." Section 13351(b) bars reinstatement "until the expiration of three years after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility, as defined in Section 16430."
• Second reckless driving conviction: discretionary suspension. Section 13361(b) provides that the DMV "may suspend" the privilege on "A second or subsequent conviction of reckless driving."
• Court suspension in injury and evading cases. Under Section 13201, a court "may suspend, for not more than six months," the driving privilege on conviction of reckless driving proximately causing bodily injury under Section 23104 or 23105 (13201(b)), or of evading a peace officer under Section 2800.1 or 2800.2, or under Section 2800.3 if the license is not revoked for that violation under Section 13351(a)(3) (13201(d)).
• Negligent operator. Reckless driving points count toward the Section 12810.5 thresholds described above like any others.

Drivers under 21

Section 13202.5(a)(1) requires the court to suspend the driving privilege "for one year" for each conviction of a listed offense "committed while the person was under 21 years of age, but 13 years of age or older." The list includes "Section 23103 when subject to Section 23103.5" (13202.5(d)(2)), the wet reckless rule described below. If the person does not yet have the privilege to drive, the court orders the DMV to delay issuing it for one year after the person becomes legally eligible to drive.

Commercial driver's licenses

Vehicle Code Section 15210(p)(2) defines a "serious traffic violation" for commercial drivers to include "Reckless driving, as defined pursuant to the federal Commercial Motor Vehicle Safety Act (P.L. 99-570), and driving in the manner described under Section 2800.1, 2800.2, or 2800.3." Under federal rule 49 C.F.R. 383.51 (Table 2), a second conviction for reckless driving or another serious traffic violation from a separate incident within three years disqualifies a commercial license holder from commercial driving for 60 days and a third or later for 120 days, and a conviction in a non-commercial vehicle counts only if it results in a revocation, cancellation or suspension of the license or non-commercial driving privileges; the reckless driving laws by state hub covers the federal layer.

Careless, negligent and aggressive driving in California

Article 1 of Chapter 12 of Division 11 of the Vehicle Code (Sections 23100 to 23135), which holds the reckless driving and speed contest offenses, has no general careless, negligent or inattentive driving offense for motor vehicles and no offense named aggressive driving or road rage. Its only careless-operation rule is Section 23128(b), which bars operating a snowmobile "In a careless or negligent manner so as to endanger a person or property." Its reckless-type offenses are Sections 23103 to 23105 and the Section 23109 series.

The nearest lower rung is the basic speed law in Section 22350, quoted above, which is an infraction under the default rule of Section 40000.1. Most other traffic convictions involving safe operation carry one point under Section 12810(f). The term "negligent operator" in the Vehicle Code describes a DMV status built on points (Section 12810.5).

Street racing, exhibitions of speed and sideshows in California

Section 23109 covers four kinds of conduct, each on a highway or in an offstreet parking facility:

• Speed contests (23109(a)). "A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility." A speed contest "includes a motor vehicle race against another vehicle, a clock, or other timing device," but "an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limit, is not a speed contest."
• Aiding or abetting a speed contest (23109(b)).
• Exhibitions of speed (23109(c)). "A person shall not engage in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility."
• Barricades (23109(d)). Obstructing or placing a barricade or obstruction on a highway or in an offstreet parking facility, or assisting or participating in placing one, "for the purpose of facilitating or aiding or as an incident to a motor vehicle speed contest or exhibition."

Speed contest penalties

• First conviction (23109(e)(1)). 24 hours to 90 days in county jail, a fine of $355 to $1,000, or both, and "40 hours of community service." The court "may order the privilege to operate a motor vehicle suspended for 90 days to six months," or the privilege may be restricted for 90 days to six months to travel to and from work, and to driving within the scope of employment where driving is necessary for the job.
• Bodily injury (23109(e)(2)). 30 days to six months in county jail, a fine of $500 to $1,000, or both.
• Listed serious injuries (23109.1(a)). Imprisonment under Penal Code 1170(h), or 30 days to six months in county jail, or a fine of $500 to $1,000, or both, when the speed contest proximately causes one or more of the injuries specified in Section 23109.1(b) to a person other than the driver.
• Repeat within five years (23109(f)). For an offense within five years of a prior speed contest offense that resulted in a conviction: 4 days to six months in county jail and a fine of $500 to $1,000 (23109(f)(1)); 30 days to six months and $500 to $1,000 if the new offense causes bodily injury to another person (23109(f)(2)); and state prison (16 months, 2 or 3 years under Penal Code 18), or 30 days to 364 days in county jail (Penal Code 18.5), plus a fine of $500 to $1,000 if it causes serious bodily injury as defined in Penal Code 243(f)(4) (23109(f)(3)). For each repeat tier, "The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months," or in lieu of suspension may restrict it for six months to work travel (23109(f)(4)). If the court grants probation on a repeat, Section 23109(g) requires 48 hours to six months in county jail as a condition of probation, and Section 23109.5(a) bars the court from striking the prior to avoid the minimum jail term or the license action.
• Vehicle impound after conviction (23109(h)). If the vehicle used in a speed contest is registered to the person convicted, it "may be impounded at the registered owner's expense for not less than 1 day nor more than 30 days."

When a court orders a first-offense speed contest suspension, Section 13352(a)(8)(A) provides that "The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430."

Exhibitions of speed, aiding and barricades

Under Section 23109(i)(1), a person who violates subdivision (b), (c) or (d), that is, aiding or abetting a speed contest, engaging in or aiding an exhibition of speed, or placing a barricade for one, "shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment."

Section 40000.15 makes Section 23109 a misdemeanor, but Penal Code 19.8 lists Section 23109(c). Under Penal Code 17(d), an exhibition of speed is an infraction if the prosecutor charges it as one (unless the defendant elects to proceed on a misdemeanor) or if the court, with the defendant's consent, so determines; the infraction fine is up to $250 (Penal Code 19.8(a)(2)).

Sideshows and street takeovers

Section 23109(i)(2) defines a sideshow as "an event in which two or more persons block or impede traffic on a highway or in an offstreet parking facility for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. A sideshow is also known as a street takeover."

That definition supports a license suspension that has not started yet. "Commencing January 1, 2029, the court may order the privilege to operate a motor vehicle suspended for 90 days to six months for a person who violates subdivision (c)," the exhibition-of-speed subdivision, and only "if the violation occurred as part of a sideshow." SB 128 (Stats. 2025, Ch. 16) moved the start of that power from July 1, 2025 to January 1, 2029.

From January 1, 2027, AB 1588 (Stats. 2026, Ch. 366) sets separate, higher penalties for an exhibition of speed that is part of a sideshow (24 hours to 90 days in county jail, a fine of $355 to $1,000, or both, with higher ranges for injury and for a repeat within five years), allows the vehicle to be impounded for 1 to 30 days after such a conviction if it is registered to the person convicted, and revises the definition of a sideshow. Until then, Section 23109(i)(1) applies.

Arrest and 30-day impound

Section 23109.2(a) authorizes a peace officer who determines that a person was engaged in a speed contest under Section 23109(a), reckless driving on a highway under Section 23103(a), reckless driving in an offstreet parking facility under Section 23103(b), or an exhibition of speed under Section 23109(c) to "immediately arrest and take into custody that person" and to cause the removal and seizure of the vehicle. "A motor vehicle that is seized may be impounded for not more than 30 days." For exhibitions, the section provides: "This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility."

Section 23109.3 provides that an officer who arrests a person for placing a barricade under Section 23109(d) and has the vehicle removed and seized under Section 22651(h)(1) "shall not be required to take the person into custody."

Section 14602.7 adds a warrant route: on a peace officer's affidavit that a vehicle was used in the officer's presence for reckless driving (23103), evading (2800.1 to 2800.3), a speed contest or an exhibition of speed (23109(a), (c)), a magistrate "shall issue a warrant or court order" to seize it, and "The vehicle may be impounded for a period not to exceed 30 days." AB 3085 (Stats. 2024, Ch. 504), effective January 1, 2025, amended Section 14602.7.

Wet reckless in California: Vehicle Code 23103.5

The Vehicle Code addresses a reckless driving plea in a DUI case directly. Section 23103.5(a) provides:

"(a) If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense." Cal. Veh. Code 23103.5(a)

When the court accepts that plea and the prosecutor's statement says alcohol or a drug was involved, "the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections" (23103.5(c)). Those are DUI sentencing sections. For example, Section 23540(a) applies when a DUI offense "occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction," and Section 23550(a) applies to a DUI within 10 years of three or more such prior convictions in any combination; Section 23550(b) designates a person convicted under it a habitual traffic offender for three years. From January 1, 2027, AB 1546 (Stats. 2026, Ch. 444) rewrites Section 23550: subdivision (a) covers three prior violations, a new subdivision (b) covers four or more, and the habitual traffic offender designation moves to subdivision (c); wet reckless convictions under Section 23103.5 still count. Section 23575.3 also counts such a conviction as a "prior" for its ignition interlock rules.

Section 23103.5(f)(1) adds a program requirement. If the court places on probation a defendant whose reckless driving conviction is a prior under the section, and the offense occurred within 10 years of a separate Section 23103 conviction "as specified in this section" or of a conviction under Section 23152 or 23153, "the court shall order the defendant to participate for nine months or longer, as ordered by the court," in a licensed program "that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions."

Under Section 23103.5(b), the court must advise the defendant of that prior-offense consequence before accepting the plea. Except as provided in Section 23103.5(f)(1), if the court places the defendant on probation for a conviction that counts as a prior, Section 23103.5(e) requires enrollment in a licensed alcohol and drug education program and completion of at least its educational component; if compelling circumstances exist, the court may exclude the educational component by stating those circumstances and an affirmative finding on the record. Section 23103.5(g) lets the court require an ignition interlock device on any vehicle the person operates, for at least three months and no longer than the Section 23575.3 term that would have applied to a DUI conviction under Section 23152.

Section 23103.5 currently exists in two versions, both amended by AB 366 (Stats. 2025, Ch. 689), effective January 1, 2026: one is repealed on January 1, 2033 and the other becomes operative that day. AB 366 extended the ignition interlock provisions, including the interlock power in subdivision (g) of the current version, until January 1, 2033, when the law returns to how it read before January 1, 2019; the version that becomes operative that day has no interlock subdivision. For DUI penalties themselves, see California DUI laws.

Driving without a license in California

California separates driving with no valid license, failing to carry a license, and driving while suspended or revoked.

No valid license (Section 12500). "A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code" (12500(a)). Section 12500(c) applies a license requirement to offstreet parking facilities. Under Section 40000.10, added by AB 2746 (Stats. 2022, Ch. 800), effective January 1, 2023, a violation of Section 12500(a) is punishable:

• "as an infraction by a fine of one hundred dollars ($100) for a first or second violation" (40000.10(a));
• "As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code" if the person has a prior license suspension or revocation for reckless driving (Sections 23103, 23104, 23105), a speed contest (Section 23109), DUI (Sections 23152, 23153) or other listed grounds (40000.10(b)); and
• the same way "for a third or subsequent violation" (40000.10(c)).

When an infraction falls under Penal Code 19.8, Section 19.8(a)(2) caps the fine at $250 "Except where a lesser maximum fine is expressly provided for a violation of those sections."

License not in possession (Section 12951(a)). A licensee must have the license "in his or her immediate possession at all times when driving a motor vehicle upon a highway." Section 12951(a) provides that "Any charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of his or her arrest, except that upon a third or subsequent charge the court in its discretion may dismiss the charge."

Driving while suspended or revoked. The Vehicle Code grades this by the reason for the suspension:

• Suspended for reckless driving or negligent operation (Section 14601). Section 14601(a) covers driving "when that person's driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105," for listed reasons in Section 12806, for negligent or incompetent operation under Section 12809(e), or for negligent operation under Section 12810.5, "if the person so driving has knowledge of the suspension or revocation." A first conviction carries 5 days to six months in county jail and a fine of $300 to $1,000. An offense within five years of a prior conviction under Section 14601, 14601.1, 14601.2 or 14601.5 carries 10 days to 364 days (Penal Code 18.5) and a fine of $500 to $2,000, and probation on that repeat requires at least 10 days in county jail (14601(b)-(c)).
• Other suspensions (Section 14601.1). A first conviction carries up to six months in county jail, a fine of $300 to $1,000, or both; a repeat within five years carries 5 days to 364 days (Penal Code 18.5) and a fine of $500 to $2,000 (14601.1(b)). Section 14601.1 is also listed in Penal Code 19.8, so it may be charged or treated as an infraction (fine up to $250) under Penal Code 17(d).
• Suspended for DUI (Section 14601.2). A first conviction carries 10 days to six months in county jail and a fine of $300 to $1,000; a repeat within five years carries 30 days to 364 days (Penal Code 18.5) and a fine of $500 to $2,000. Probation requires at least 10 days in jail for a first offense and at least 30 days for a repeat within five years (14601.2(d)-(f)). A repeat within seven years but more than five requires at least 10 days in jail as a probation condition (14601.2(g)), and the court must order an ignition interlock device (14601.2(h)). Under Section 14601.4, a person who causes bodily injury to another person while driving on a Section 14601.2 suspension or revocation must be imprisoned in county jail with no work release or other release program before the Section 14601.2 minimum is served.
• Habitual traffic offender (Section 14601.3). A person whose privilege is suspended or revoked who builds a driving record while suspended, such as "Two or more convictions within a 12-month period of an offense given a violation point count of two" (reckless driving is a two-point offense), is designated a habitual traffic offender. A first conviction carries 30 days in county jail and a $1,000 fine; a second or later within seven years of a prior conviction carries 180 days and a $2,000 fine (14601.3(a), (e)).

30-day impound (Section 14602.6). When a peace officer determines that a person was driving while suspended or revoked, or "without ever having been issued a driver's license," the officer may arrest the person and cause the removal and seizure of the vehicle, and "A vehicle so impounded shall be impounded for 30 days" (14602.6(a)(1)).

Evading a peace officer: when dangerous driving reaches state prison

Section 23103 has no felony tier and no repeat ladder. The evading statutes are where California's driving offenses reach state prison:

• Evading (Section 2800.1(a)). A person who, "while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle," when all of the listed conditions exist, "is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year." Penal Code 18.5 limits that term to 364 days. The section states no fine; Penal Code 672 lets the court impose a fine of up to $1,000 for a misdemeanor where no fine is prescribed.
• Evading with willful or wanton disregard (Section 2800.2). If the pursued vehicle "is driven in a willful or wanton disregard for the safety of persons or property," the punishment is state prison (16 months, 2 or 3 years under Penal Code 18), or six months to 364 days in county jail (Penal Code 18.5), and the court may also impose a fine of $1,000 to $10,000. Section 2800.2(b) provides that willful or wanton disregard "includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Section 12810 occur, or damage to property occurs."
• Wrong-way flight (Section 2800.4). Evading while willfully driving on a highway against the direction in which traffic lawfully moves carries six months to 364 days in county jail (Penal Code 18.5) or state prison (16 months, 2 or 3 years under Penal Code 18), or a fine of $1,000 to $10,000, or both.
• Serious bodily injury (Section 2800.3(a)). State prison for three, five or seven years, county jail for up to 364 days (Penal Code 18.5), or a fine of $2,000 to $10,000, or both.
• Death (Section 2800.3(b)). State prison for 4, 6 or 10 years.

Other California reckless driving provisions

• Off-highway vehicles (Sections 38316, 38317). "It is unlawful for any person to drive any off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property" (38316(a)). The penalty is 5 to 90 days in county jail, a fine of $50 to $500, or both; when reckless off-highway driving proximately causes bodily injury, 30 days to six months, a fine of $100 to $1,000, or both (38317).
• Tank vehicles (Section 22406.5). A person driving a tank vehicle transporting more than 500 gallons of flammable liquid "at a speed greater than the applicable speed limit or in willful or wanton disregard for the safety of persons or property" is subject, in addition to any other penalty, to a fine of at least $500 for a first offense and, for a repeat within two years, a fine of at least $2,000, a suspension of up to six months of a hazardous materials or cargo tank endorsement, or both.

California reckless driving and related offenses: penalty table

Where a California statute declares an offense a misdemeanor without prescribing a different punishment, Penal Code 19 supplies the default: "imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both." Penal Code 18.5(a) provides that an offense "punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for a period not to exceed 364 days." Most offenses in the table carry their own ranges, and the table states one-year county-jail maximums as 364 days under that rule. Where a felony punishable by state prison specifies no term, Penal Code 18(a) supplies 16 months, or two or three years. For the full class table, see California felony and misdemeanor classes.

Vehicular homicide in California

When driving causes a death, the governing offenses include vehicular manslaughter under Penal Code 192(c), covered on the California manslaughter laws page.

Recent changes to California reckless driving and racing laws

• 2026: sideshow penalties (from January 1, 2027). AB 1588 (Stats. 2026, Ch. 366), approved September 20, 2026 and effective January 1, 2027, amends Section 23109 so that an exhibition of speed that occurs as part of a sideshow is punished by 24 hours to 90 days in county jail, a fine of $355 to $1,000, or both, with higher ranges for injury and for a repeat within five years, allows the vehicle to be impounded for 1 to 30 days if it is registered to the person convicted, and revises the definition of a sideshow. Until then, Section 23109(i)(1) applies.
• 2026: repeat-DUI tiers (from January 1, 2027). AB 1546 (Stats. 2026, Ch. 444), approved September 25, 2026 and effective January 1, 2027, rewrites Section 23550 into a three-prior tier and a four-or-more-prior tier, both counting wet reckless convictions under Section 23103.5, and amends Sections 14601.2 and 14601.3.
• 2025: sideshow suspension delayed. SB 128 (Stats. 2025, Ch. 16), effective June 27, 2025, amended Section 23109 and moved the start of the court's added power to suspend or restrict a license for an exhibition of speed from July 1, 2025 to January 1, 2029.
• 2025: wet reckless and interlock provisions extended. AB 366 (Stats. 2025, Ch. 689), effective January 1, 2026, amended both versions of Section 23103.5, along with Sections 13352 and 23575.3, and extended the ignition interlock provisions until January 1, 2033. It does not change Section 23103.
• 2024: impound for parking-lot exhibitions. AB 2186 (Stats. 2024, Ch. 502), effective January 1, 2025, expanded the arrest-and-impound authority in Section 23109.2 "to include an exhibition of speed that occurs in an offstreet parking facility."
• 2024: warrant impound. AB 3085 (Stats. 2024, Ch. 504), effective January 1, 2025, amended Section 14602.7, the magistrate-warrant route to seize and impound for up to 30 days a vehicle used in an officer's presence for reckless driving, evading, a speed contest or an exhibition of speed.
• 2024: barricade arrests. AB 1978 (Stats. 2024, Ch. 501), effective January 1, 2025, added Section 23109.3, under which an officer who arrests a person for placing a barricade and has the vehicle removed and seized is not required to take the person into custody.
• 2022: unlicensed driving reclassified. AB 2746 (Stats. 2022, Ch. 800), effective January 1, 2023, added Section 40000.10, making a first or second violation of Section 12500(a) a $100 infraction.
• Reckless driving itself. Section 23103 was last amended by Stats. 2010, Ch. 685 (AB 2479), effective January 1, 2011, the same act that added the commercial-image penalty in Section 40008.

Related California laws

• Reckless driving laws by state
• California Vehicle Code 23103 explainer
• California DUI laws
• California manslaughter laws
• California felony and misdemeanor classes
• California hit-and-run laws
• California expungement laws
• Oregon reckless driving laws
• Arizona reckless driving laws

This article is general legal information about California law, not legal advice. For a specific situation, contact a lawyer licensed in California, or the California DMV for driver's license questions.

Last updated: 2026-10-21.

Frequently Asked Questions

Is reckless driving a misdemeanor in California?

Yes. Vehicle Code 40000.15 makes reckless driving under Section 23103 a misdemeanor, punishable by 5 to 90 days in county jail, a $145 to $1,000 fine, or both (23103(c)). Higher ranges apply when someone other than the driver is injured (23104, 23105).

What counts as reckless driving in California?

Driving a vehicle on a highway, or in an offstreet parking facility open to the public, in willful or wanton disregard for the safety of persons or property (Vehicle Code 23103(a)-(b)).

How fast is reckless driving in California?

Section 23103 sets no speed at which driving becomes reckless. Driving over 100 mph on a highway is a separate infraction under Vehicle Code 22348(b), with a fine up to $500 on a first conviction.

How many points is reckless driving in California?

Two points (Vehicle Code 12810(c)). A record of 4 points in 12 months, 6 in 24 months or 8 in 36 months makes a driver presumptively a negligent operator (12810.5).

Does reckless driving suspend your license in California?

The DMV must revoke the license for reckless driving causing bodily injury (13350(a)(3), at least one year) and for three or more convictions under Sections 20001, 20002 or 23103-23105 within 12 months, for at least three years (13351). After a second reckless driving conviction the DMV may suspend (13361(b)).

Can reckless driving be a felony in California?

Section 23103 itself is a misdemeanor with no repeat tier. Reckless driving that causes a listed serious injury (23105), or great bodily injury with a listed prior (23104(b)), can be punished as a felony (16 months, 2 or 3 years under Penal Code 1170(h)) or as a misdemeanor (Penal Code 17), and evading police with willful or wanton disregard (2800.2) carries state prison or county jail.

What is a wet reckless in California?

Vehicle Code 23103.5 requires the prosecution, when a reckless driving plea replaces a DUI charge, to state on the record whether alcohol or drugs were involved. If so, the conviction counts as a prior under the DUI sentencing sections, such as 23540 and 23550.

What is the penalty for street racing in California?

A first speed contest conviction under Vehicle Code 23109(a) carries 24 hours to 90 days in county jail, a $355 to $1,000 fine, or both, plus 40 hours of community service, and the court may suspend the license for 90 days to 6 months (23109(e)(1)).

Is a sideshow or street takeover illegal in California?

Exhibition of speed is prohibited by Vehicle Code 23109(c) and punishable by up to 90 days in jail, up to $500, or both (23109(i)(1)), or, if charged or treated as an infraction under Penal Code 17(d), a fine up to $250; for engaging in an exhibition of speed, Section 23109.2 allows the vehicle to be seized and impounded for up to 30 days. From January 1, 2027, AB 1588 (Stats. 2026, Ch. 366) sets higher penalties for an exhibition of speed that is part of a sideshow, and a court power to suspend a license for one begins January 1, 2029.

Is there a careless driving law in California?

The reckless driving article of the Vehicle Code (Sections 23100 to 23135) contains no general careless or negligent driving offense for cars (Section 23128(b) covers careless or negligent snowmobile operation). The basic speed law in Section 22350 is an infraction, and most safe-operation convictions carry one point (12810(f)).

What is the penalty for driving without a license in California?

A first or second violation of Vehicle Code 12500(a) is an infraction with a $100 fine (40000.10(a)). A third violation, or one after a license suspension or revocation for reckless driving, racing, DUI or other listed grounds, is a misdemeanor or infraction under Penal Code 19.8.

Does reckless driving affect a commercial driver's license in California?

Reckless driving is a serious traffic violation for commercial drivers under Vehicle Code 15210(p)(2). Under 49 C.F.R. 383.51, a second such conviction from a separate incident within three years disqualifies the holder from commercial driving for 60 days and a third for 120 days; a conviction in a personal vehicle counts only if it results in a revocation, cancellation or suspension.