Is Reckless Driving a Misdemeanor in Colorado? Penalties and Points

Colorado makes reckless driving a class 2 misdemeanor traffic offense under C.R.S. 42-4-1401: driving "in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property" carries 10 days in jail or a $150 fine at minimum, up to 90 days or $300, and 8 points on the driver's record. A second or later conviction has its own range of 10 days to six months in county jail, a fine of $50 to $1,000, or both. The reckless driving statute names no speed; driving 25 mph or more over the limit is a separate class 2 misdemeanor traffic offense under C.R.S. 42-4-1101(12)(b).

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Colorado state statutes on reckless driving (C.R.S. 42-4-1401), careless driving, criminal speeding, speed contests and exhibitions, the related license consequences in Title 42, and driving without a valid license. It does not cover DUI and DWAI penalties (see Colorado DUI laws), homicide offenses (see Colorado manslaughter laws), leaving the scene of a crash (see Colorado hit-and-run laws), municipal 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 Colorado?

C.R.S. 42-4-1401(1) provides:

"A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle, electrical assisted bicycle, or electric scooter is not subject to section 42-2-127." C.R.S. 42-4-1401(1)

The offense has two parts: driving one of the listed vehicles, and driving it in a way that shows "either a wanton or a willful disregard" for the safety of people or property. The statute does not list specific acts. Its second sentence means a reckless driving conviction on a bicycle, e-bike or electric scooter does not trigger the points section, 42-2-127.

House Bill 19-1221 (2019) added bicycles, e-bikes and scooters to the reckless and careless driving statutes.

Where the reckless driving law applies

Under C.R.S. 42-4-103(2), the provisions of Colorado's traffic regulation article on operating vehicles "refer exclusively to the use of streets and highways," with exceptions. Subsection (2)(b) is one of them: the reckless driving, careless driving and eluding sections, among others, "shall apply upon streets and highways and elsewhere throughout the state." The definition of "motor vehicle" in 42-1-102 also counts a farm tractor or an off-highway vehicle for reckless driving purposes "when operated on streets and highways."

Is reckless driving a misdemeanor in Colorado?

Yes. Under 42-4-1401(2), "Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense." Colorado's traffic code sets the range for that class in C.R.S. 42-4-1701(3)(a)(II)(A):

These ranges carry minimums as well as maximums.

Second or later reckless driving conviction

Section 42-4-1401(2) continues: "Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment." The statute does not set a time window for the earlier conviction.

Reckless driving with injury or death

Section 42-4-1401 has no injury or death tier of its own. Reckless operation of a motor vehicle that is the proximate cause of another person's death is vehicular homicide under C.R.S. 18-3-106(1)(a), and for offenses on or after September 1, 2026, Senate Bill 26-072 added criminally negligent homicide while driving to 18-3-105(1)(b); see Colorado manslaughter laws.

Colorado's general criminal code also has a reckless endangerment offense, C.R.S. 18-3-208: "A person who recklessly engages in conduct that creates a substantial risk of serious bodily injury to another person commits reckless endangerment, which is a class 2 misdemeanor." It is not limited to driving.

How fast is reckless driving in Colorado?

The reckless driving statute sets no speed at which driving becomes reckless. Colorado grades speeding in its speed statute, C.R.S. 42-4-1101:

• Basic rule. "No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing" (42-4-1101(1)), and no one may exceed "a maximum lawful speed limit of seventy-five miles per hour" (42-4-1101(8)(b)).
• 1 to 24 mph over. Driving 1 to 24 mph over the reasonable and prudent speed or over the 75 mph maximum is a class A traffic infraction (42-4-1101(12)(a)); the penalty schedule in 42-4-1701(4)(a)(I)(L) sets the penalty by speed band, from $30 (1 to 4 mph over) to $200 (20 to 24 mph over), plus a surcharge.
• 25 mph or more over. Driving 25 mph or more over the reasonable and prudent speed or over the 75 mph maximum "is a class 2 misdemeanor traffic offense; except that such violation within a maintenance, repair, or construction zone, designated pursuant to section 42-4-614, is a class 1 misdemeanor traffic offense" (42-4-1101(12)(b)).

New speeding points from August 12, 2026

Senate Bill 26-035 (Laws 2026, ch. 178) added extra points for repeat high-speed driving, on top of the regular speeding points in 42-2-127(5)(f). For driving 20 mph or more over the reasonable and prudent speed, or over the 75 mph maximum, the department assesses:

• 2 extra points for a second violation in a 12-month period;
• 4 extra points for a third or later violation in a 24-month period;
• 8 extra points for a fifth or later violation in a five-year period;
• 4 extra points for driving 100 mph or more (42-4-1101(14)).

The act took effect August 12, 2026, and applies to traffic infractions committed on or after that date. It did not change the point values for reckless or careless driving.

Points and license consequences for reckless driving

Colorado's point schedule is in the statute, C.R.S. 42-2-127(5):

License consequences tied to reckless driving:

• Point suspension. Under 42-2-127(1)(a), the department "has the authority to suspend the license of any driver" who accumulates 12 points or more within any 12 consecutive months or 18 points or more within any 24 consecutive months. For a minor driver 18 years of age or older, the thresholds are 9 points in 12 months, 12 points in 24 months, or 14 points for violations after turning 18; for a minor driver under 18, they are more than 5 points in 12 months or more than 6 points for violations before turning 18.
• Mandatory revocation. The department must revoke the license of a driver who has "been three times convicted of reckless driving of a motor vehicle for acts committed within a period of two years" (42-2-125(1)(f)). Unless the section provides otherwise, "the period of revocation shall be not less than one year" (42-2-125(2)). Section 42-2-125(1)(c) also requires revocation after a conviction of "any felony in the commission of which a motor vehicle was used."
• Habitual offender. Under 42-2-202(2)(a), "An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years," and the list includes "(II) Driving a motor vehicle in a reckless manner, in violation of section 42-4-1401." It also includes DUI, DUI per se and DWAI. An habitual offender may not hold a license or drive "for a period of five years from the date of the order of the department finding such person to be an habitual offender except as may be permitted by section 42-2-132.5" (42-2-205(1)(a)). Section 42-2-132.5(4)(c) allows early reinstatement with an interlock-restricted license only for an habitual offender who has at least one DUI, DUI per se or DWAI conviction and no contributing violations other than driving under restraint or reckless driving.
• Driving after habitual-offender revocation. Driving while an habitual-offender revocation is in effect is a class 2 misdemeanor traffic offense, and the person "shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both"; the court may suspend all or part of that jail or fine if the defendant completes 40 to 300 hours of useful public service, and "In no event shall the court sentence the convicted person to probation" (42-2-206(1)(a)).
• Aggravated driving with a revoked license. An habitual offender who drives while revoked and, as part of the same criminal episode, commits reckless driving (among other listed offenses) commits aggravated driving with a revoked license (42-2-206(1)(b)(I)). It "is a class 1 misdemeanor traffic offense; except that a court shall sentence the offender to a mandatory minimum term of imprisonment of sixty days in the custody of a county jail" (42-2-206(1)(b)(II)).

Commercial drivers. Colorado's commercial driver disciplinary section, 42-2-405, does not itself list reckless driving. Under the federal rule, 49 C.F.R. 383.51, reckless driving is a serious traffic violation, and a second serious violation within three years disqualifies a commercial driver for 60 days, counting a conviction in a personal vehicle 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 rules.

Careless driving in Colorado

Colorado has a separate, lesser offense of careless driving. C.R.S. 42-4-1402(1) provides:

"A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving." C.R.S. 42-4-1402(1)

The difference is the mental state. Reckless driving requires conduct that indicates "a wanton or a willful disregard" for safety; careless driving requires driving in "a careless and imprudent manner, without due regard" for road and traffic conditions.

Section 42-4-1402(2) grades careless driving:

• No injury: class 2 misdemeanor traffic offense (10 days or $150 at minimum, up to 90 days or $300). 4 points.
• Bodily injury: class 1 misdemeanor traffic offense (10 days or $300 at minimum, up to one year or $1,000) when the driver's actions are the proximate cause of bodily injury.
• Serious bodily injury or death: class 1 misdemeanor traffic offense when the driver's actions are the proximate cause of serious bodily injury or death. Careless driving resulting in death carries 12 points.

Senate Bill 25-281 (Laws 2025, ch. 346), for offenses on or after June 2, 2025, added serious bodily injury to the class 1 tier in 42-4-1402(2)(c) and made each person seriously injured or killed a separate violation; the class 2 base and the class 1 bodily-injury and death tiers predate the act.

Vulnerable road users. Under 42-4-1402.5, a driver who violates the careless driving statute and whose actions are the proximate cause of serious bodily injury to a vulnerable road user commits "infliction of serious bodily injury to a vulnerable road user," a class 1 misdemeanor traffic offense (42-4-1402.5(3)(a)) that carries 12 points.

Violations Colorado treats as careless driving

Several Colorado statutes make other conduct careless driving, not reckless driving:

• Move-over violations. Failing to move over or slow down for stopped emergency, towing or utility vehicles under 42-4-705(2), (2.5) or (2.6) "commits careless driving as described in section 42-4-1402" (42-4-705(3)(b)(I)). If a violation of 42-4-705(2) is the proximate cause of bodily injury, it is a class 1 misdemeanor traffic offense; if it is the proximate cause of death, it is a class 6 felony "punished as described in section 18-1.3-401" (42-4-705(3)(b)(II)-(III)).
• Bicycle lanes. A driver who violates the bicycle-lane rule in 42-4-714(1) and whose actions are the proximate cause of a crash "commits careless driving and shall be punished as described in section 42-4-1402 (2)(a)" (42-4-714(2)(b)(I)).
• Crowding a bicyclist. A violation of 42-4-1008.5(1) "commits careless driving as described in section 42-4-1402" (42-4-1008.5(2)).

No Title 42 section deems other conduct to be reckless driving.

Aggressive driving in Colorado

Colorado's Title 42 has no aggressive-driving offense. Its speed part (42-4-1101 to 42-4-1106) and its part on reckless, careless and related driving offenses (42-4-1401 to 42-4-1416) contain no such section.

Street racing, speed exhibitions and takeovers

C.R.S. 42-4-1105 sets three offenses on a highway:

• Speed contest (42-4-1105(1)). "It is unlawful for a person to knowingly engage in a speed contest on a highway." A speed contest is "the operation of one or more motor vehicles to conduct a race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prudent speeds for highways and existing traffic conditions, vying for position, or performing one or more lane changes in an attempt to gain advantage over one or more of the other race participants." It is a class 1 misdemeanor traffic offense and carries 12 points.
• Speed exhibition (42-4-1105(2)). A speed exhibition is "the operation of a motor vehicle to present a display of speed or power," including "squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground." It is a class 2 misdemeanor traffic offense and carries 5 points.
• Aiding or facilitating (42-4-1105(3)). A person may not, to facilitate or aid a speed contest or speed exhibition on a highway, obstruct the highway or place, or help place, a barricade or obstruction on it; a violator "commits, pursuant to section 42-4-1703, the offense that the person aided in or facilitated the commission of."

Vehicle immobilization. On a second conviction for a speed contest or speed exhibition, or for another crime whose factual basis the court finds includes such driving, "the court may, in its discretion, order the primary law enforcement agency involved with the case to place an immobilization device on the motor vehicle or motor vehicles so operated for a period of up to fourteen days" (42-4-1105(5)(a)). The owner is assessed "a fee of thirty-five dollars for each day the motor vehicle is ordered immobilized" (42-4-1105(7)(a)). On a third or later conviction, the court may order immobilization for more than fourteen and up to thirty days (42-4-1105(5)(a)(II)).

Street takeovers. Title 42 has no separate street-takeover offense; section 42-4-1105 covers speed contests and speed exhibitions. A 2026 bill on stunt driving and takeover penalties, House Bill 26-1329, was postponed indefinitely on April 1, 2026, and did not become law.

Eluding police in Colorado

Two statutes cover eluding:

• Eluding (42-4-1413). A driver who receives a visual or audible signal from a marked police vehicle to stop and "willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense." Eluding carries 12 points. Like reckless driving, it applies elsewhere throughout the state (42-4-103(2)(b)).
• Vehicular eluding (18-9-116.5). Eluding a peace officer while operating a vehicle "in a reckless manner" is vehicular eluding, "a class 5 felony; except that vehicular eluding that results in bodily injury to another person is a class 4 felony and vehicular eluding that results in death to another person is a class 3 felony."

Does Colorado have a wet reckless?

No statute creates one. The DUI sections, C.R.S. 42-4-1301 to 42-4-1307, do not mention reckless driving, and the DUI items in the license revocation and habitual-offender sections count DUI, DUI per se and DWAI convictions. Reckless driving appears on the habitual-offender list as its own, separate item. DWAI (driving while ability impaired) is itself an alcohol offense under 42-4-1301, covered on the Colorado DUI laws page.

The DUI statute does limit pleas to non-alcohol traffic offenses. Section 42-4-1301(4) provides:

"No court shall accept a plea of guilty to a non-alcohol-related or non-drug-related traffic offense or guilty to the offense of UDD from a person charged with DUI or DUI per se; except that the court may accept a plea of guilty to a non-alcohol-related or non-drug-related traffic offense or to UDD upon a good faith representation by the prosecuting attorney that the attorney could not establish a prima facie case if the defendant were brought to trial on the original alcohol-related or drug-related offense." C.R.S. 42-4-1301(4)

The section does not name reckless driving; it applies to non-alcohol-related traffic offenses in general.

Driving without a valid license in Colorado

Colorado grades most unlicensed driving as a traffic infraction, not a crime:

• No license or wrong class. A violation of 42-2-101(1) or (4) is a class A traffic infraction; a violation of (2), (3) or (5), which include an expired license and not having the license in possession, is a class B traffic infraction (42-2-101(10)). The penalty schedule in 42-4-1701(4)(a)(I)(A) sets a $35 penalty plus a $10 surcharge for a 42-2-101 violation, and $15 plus a $6 surcharge for a violation of 42-2-101(2), (3) or (5).
• Repeat unlicensed driving. A second or later conviction under 42-2-101(1) or (4), when the person has not since obtained a valid Colorado license of the correct type, "shall result in the assessment by the department of six points" (42-2-101(11)).
• License not in possession. Section 42-2-101(7) provides that a charge under subsection (5) "shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant's scheduled court appearance, exhibits to the court a currently valid license or permit issued to such person or an officially issued duplicate thereof if the original is lost, stolen, or destroyed."
• Driving under restraint (42-2-138). Driving on a highway knowing the license is under restraint "for any reason other than conviction of DUI, DUI per se, DWAI, or UDD" is a class A traffic infraction (42-2-138(1)(a)), and so is a restraint only for an outstanding judgment (42-2-138(1.5)). If the restraint is solely or partially because of a DUI, DUI per se, DWAI or UDD conviction (or an out-of-state alcohol-related driving offense), or under 42-2-126(3), the offense is a class 2 misdemeanor traffic offense, and a second or later conviction carries a fine of $500 to $3,000 (42-2-138(1)(d)(I)). A second conviction within five years also makes the person ineligible for a license for three years (non-alcohol restraint, 42-2-138(1)(b)) or four years (alcohol-related restraint, 42-2-138(1)(e)), except as 42-2-132.5 permits.

Colorado reckless driving and related offenses at a glance

The misdemeanor traffic offense ranges come from C.R.S. 42-4-1701(3)(a), and the traffic infraction amounts from the penalty schedule in 42-4-1701(4)(a)(I). Felony ranges come from the presumptive schedule in C.R.S. 18-1.3-401(1)(a)(V.5)(A), for offenses committed on or after July 1, 2020: class 3, four to twelve years; class 4, two to six years; class 5, one to three years; class 6, one year to eighteen months. Felony fines under 18-1.3-401(1)(a)(III)(A) run $1,000 to $100,000 for classes 5 and 6. For the full class table, see Colorado felony and misdemeanor classes.

Recent changes to Colorado's reckless driving laws

• Senate Bill 26-072 (Laws 2026, ch. 200), effective September 1, 2026. Added criminally negligent homicide while driving (18-3-105(1)(b)) for offenses on or after that date. It did not amend the reckless or careless driving statutes.
• Senate Bill 26-035 (Laws 2026, ch. 178), effective August 12, 2026. Added extra points for repeat driving 20 mph or more over the limit and for driving 100 mph or more (42-4-1101(13)-(14)), for traffic infractions committed on or after that date.
• House Bill 26-1329 (2026). A bill on stunt driving and takeover penalties; postponed indefinitely on April 1, 2026. Not law.
• Senate Bill 25-281 (Laws 2025, ch. 346), effective June 2, 2025. Added serious bodily injury to the class 1 careless-driving tier and made each person seriously injured or killed a separate violation, for offenses on or after that date.
• Reckless driving itself. Section 42-4-1401 was last amended by House Bill 19-1221, effective May 23, 2019, which added bicycles, e-bikes and scooters.

Federal land

In national park areas, 36 C.F.R. 4.2 provides that traffic and the use of vehicles are governed by state law, which it adopts as part of the federal regulations; the reckless driving laws by state hub covers the federal rules.

Related Colorado laws

• Reckless driving laws by state
• Colorado DUI laws
• Colorado manslaughter laws
• Colorado felony and misdemeanor classes
• Colorado expungement laws
• Arizona reckless driving laws

This article is general legal information about Colorado law, not legal advice. For a specific situation, contact a lawyer licensed in Colorado, or the Colorado Division of Motor Vehicles for driver license questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a misdemeanor in Colorado?

Yes. C.R.S. 42-4-1401 makes reckless driving a class 2 misdemeanor traffic offense: 10 days in jail or a $150 fine at minimum, up to 90 days or $300. A second or later conviction carries $50 to $1,000, 10 days to 6 months, or both.

What counts as reckless driving in Colorado?

Driving a motor vehicle, bicycle, e-bike or scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property (42-4-1401(1)). It applies on streets and highways and elsewhere throughout the state (42-4-103(2)(b)).

How fast is reckless driving in Colorado?

The reckless driving statute names no speed. Driving 25 mph or more over the reasonable and prudent speed or the 75 mph maximum is a separate class 2 misdemeanor traffic offense, or class 1 in a designated work zone (42-4-1101(12)(b)).

How many points is reckless driving in Colorado?

Eight points under C.R.S. 42-2-127(5). The department has authority to suspend an adult driver's license at 12 points in 12 months or 18 points in 24 months. A reckless driving conviction on a bicycle, e-bike or electric scooter carries no points.

Does reckless driving suspend your license in Colorado?

A single conviction adds 8 points. Three reckless driving convictions for acts within two years require revocation for at least one year (42-2-125), and three within seven years of the listed offenses (which include reckless driving) can make a driver an habitual offender barred from driving for five years, with limited exceptions (42-2-202, 42-2-205).

What is the difference between reckless and careless driving in Colorado?

Reckless driving requires a wanton or willful disregard for safety and carries 8 points. Careless driving (42-4-1402) is driving carelessly and imprudently without due regard for conditions; it is a class 2 misdemeanor traffic offense worth 4 points, or class 1 if it causes injury or death.

Can reckless driving be a felony in Colorado?

Section 42-4-1401 has no felony tier. Eluding a peace officer while driving in a reckless manner is vehicular eluding, a class 5 felony (class 4 with bodily injury, class 3 with death) under 18-9-116.5, and reckless driving that causes a death is vehicular homicide under 18-3-106.

Does Colorado have a wet reckless?

No Colorado statute creates one, and the DUI sections do not mention reckless driving. Section 42-4-1301(4) bars a court from accepting a plea to a non-alcohol traffic offense from a person charged with DUI unless the prosecutor represents in good faith that a prima facie case could not be established.

Is street racing illegal in Colorado?

Yes. Knowingly engaging in a speed contest on a highway is a class 1 misdemeanor traffic offense worth 12 points, and a speed exhibition, such as squealing tires or producing smoke from tire slippage, is a class 2 worth 5 points (42-4-1105). Title 42 has no separate street-takeover offense.

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

Driving without a valid license under 42-2-101(1) is a class A traffic infraction with a $35 scheduled penalty plus a $10 surcharge (42-4-1701(4)). A repeat conviction without later getting a license adds 6 points, and driving under an alcohol-related restraint is a class 2 misdemeanor traffic offense (42-2-138).