Georgia Reckless Driving Laws: Penalties, Points and Speed (2026)

Georgia makes reckless driving a misdemeanor under O.C.G.A. 40-6-390: driving any vehicle "in reckless disregard for the safety of persons or property" is punishable by a fine of up to $1,000, up to 12 months in jail, or both, and carries 4 points on a Georgia license. Georgia sets no speed at which driving becomes reckless by definition. The related offenses with their own grades and license rules are reckless stunt driving (40-6-390.1), which becomes a felony on a fourth conviction in ten years, racing (40-6-186), aggressive driving (40-6-397) and fleeing police (40-6-395).

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

Jurisdiction scope: This article covers Georgia state statutes on reckless driving (O.C.G.A. 40-6-390), reckless stunt driving, racing and laying drags, aggressive driving, fleeing police, the speed rules that interact with them, the license consequences in Title 40, Chapter 5, and driving without a valid license. It does not cover DUI penalties (see Georgia DUI laws), homicide by vehicle (see Georgia manslaughter laws), leaving the scene of a crash (see Georgia 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 Georgia?

Georgia defines the offense in one sentence. O.C.G.A. 40-6-390(a) provides:

"Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving." O.C.G.A. 40-6-390(a)

The offense has two parts: driving a vehicle, and doing it in reckless disregard for the safety of people or property. The statute lists no specific acts, so the question in each case is how the person drove.

Where the reckless driving law applies

Most of Georgia's rules of the road apply only on highways, but reckless driving is one of three exceptions. Section 40-6-3(a)(3) provides that "The provisions of this chapter relating to reckless driving, driving in violation of Code Section 40-6-391, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the state."

So the reckless driving section reaches private property, not only public roads. For comparison, Title 40 defines a "highway" in 40-1-1(19) as "the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel," and Section 40-6-3(a)(2) separately extends the rest of the chapter to shopping centers and parking lots that, although privately owned, are "customarily used by the public as through streets or connector streets."

Is reckless driving a misdemeanor in Georgia? Penalties

Yes. Section 40-6-390(b) states that every person convicted of reckless driving "shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment." The same subsection preserves the sentencing court's power to stay or suspend the sentence or to place the defendant on probation.

That range matches Georgia's general misdemeanor limit in O.C.G.A. 17-10-3(a)(1): a fine up to $1,000, confinement for a total term up to 12 months, or both.

Three points about the penalty:

• No built-in escalation. Section 40-6-390 has no higher tier for a second offense, for injury, or for property damage. When dangerous driving goes further, other Georgia offenses apply, covered below.
• A 10 percent surcharge. Under O.C.G.A. 15-21-151(a), in every case in which a court imposes a fine for a violation of Section 40-6-390, or of a local ordinance adopting it, "there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine."
• Aggressive driving can absorb it. Reckless driving committed with the intent to annoy, harass, intimidate, injure or obstruct another person is aggressive driving under 40-6-397, a high and aggravated misdemeanor (see below).

How fast is reckless driving in Georgia?

Georgia has no speed at which driving automatically becomes reckless driving. Section 40-6-390 has no speed element, and the speed sections of Chapter 6 do not label any speed as reckless.

Speed reaches a Georgia driver through other rules:

• The basic speed rule. Section 40-6-180 provides that "No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing," and requires a reasonable and prudent speed near intersections, railroad crossings, curves, hill crests and narrow or winding roads, and when special hazards exist.
• The super speeder fee. Under Section 40-6-189(b), the Department of Driver Services "shall administer and collect a fee of $200.00 from any driver who is convicted of driving at a speed of 85 miles per hour or more on any road or highway or 75 miles per hour or more on any two-lane road or highway." The fee is "In addition to any other fines or penalties," and the driver is classified as a "super speeder."
• Speeding points. The 40-5-57 point schedule assigns 2 points for exceeding the limit by more than 14 but less than 19 mph, 3 points for 19 to under 24 mph over, 4 points for 24 to under 34 mph over, and 6 points for 34 mph or more over. "Too fast for conditions" carries 0 points.
• Work zones. Section 40-6-188(b)(2) requires signs at a designated highway work zone warning drivers "that increased penalties for speeding violations are in effect for the highway work zone."

Reckless driving points and license suspension in Georgia

Reckless driving carries 4 points on a Georgia license. The point schedule in O.C.G.A. 40-5-57(c)(1)(A) lists "Reckless driving ..4 points" and "Aggressive driving ..6 points," and the Georgia Department of Driver Services points schedule lists Section 40-6-390 at 4 points, 40-6-397 at 6 and laying drags (40-6-251) at 3.

How a reckless driving conviction affects the license depends on the driver's age and record:

• The 15-point rule. Under Section 40-5-57, "The commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24 month period," measured from the dates of the earlier arrests that led to convictions to the date of the most recent one. The Department of Driver Services states that "A driver with 15 points in a 24-month period will be suspended."
• Adults: no automatic suspension for one conviction. Section 40-5-54(a) lists the convictions on which the department "shall forthwith suspend" a license: homicide by vehicle, any felony committed using a motor vehicle, hit and run or leaving the scene, racing on highways and streets, using a motor vehicle to flee or elude an officer, and driving with a revoked, canceled or suspended registration. Reckless driving under 40-6-390 is not on that list.
• Drivers under 21. Section 40-5-57.1(a) provides that the license of "any person under 21 years of age" convicted of, among other offenses, hit and run, racing, fleeing an officer, "reckless driving," any offense carrying four or more points, or DUI "shall be suspended by operation of law." Under 40-5-57.1(c)(1), subject to the section's other requirements, the driver becomes eligible to apply for reinstatement after six months on a first such suspension and after 12 months on a second or later one, on payment of the required fees.
• Drivers under 18. Section 40-5-57.1(b) separately provides that the license of a person under 18 "who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended," so one 4-point reckless driving conviction reaches that count.
• Graduated licensing. Section 40-5-24, which governs instruction permits and graduated licensing, conditions eligibility on the driver not having been convicted of, among other offenses, DUI, hit and run, racing, fleeing an officer, "reckless driving in violation of Code Section 40-6-390," reckless stunt driving, or any offense for which four or more points are assessable.

Habitual violators

Plain reckless driving does not count toward Georgia's habitual-violator status. Section 40-5-58(a) defines a habitual violator as a person convicted three or more times within five years of "any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395," or a substantially conforming law or ordinance. That range starts at reckless stunt driving (40-6-390.1) and runs through fleeing police (40-6-395), and the 40-5-54 list includes racing, so those offenses count; Section 40-6-390 sits outside it.

A habitual violator whose license has been revoked and who is convicted of driving before the department issues a new license, or before five years from the revocation, whichever comes first, faces "a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both" (40-5-58(c)(1)). Under 40-5-58(d)(6)(A)(ii), a habitual violator holding a probationary license who violates a law involving an offense listed in Section 40-5-54, 40-6-390.1 or 40-6-391 is guilty of a felony, punishable by a fine of at least $1,000 or one to five years in the penitentiary, or both.

Commercial driver's licenses

Under O.C.G.A. 40-5-142(22), a "serious traffic violation" includes a conviction for "Reckless driving" and for speeding 15 or more mph above the posted limit, when operating "either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle." Federal rule 49 C.F.R. 383.51 (Table 2) sets 60-day and 120-day commercial driving disqualifications for a second and a third serious traffic violation in separate incidents within three years; a conviction in a non-commercial vehicle counts only if it results in the revocation, cancellation or suspension of the holder's license or non-commercial driving privileges, and on national park roads 36 C.F.R. 4.2 adopts state traffic law, so Georgia's reckless driving law applies there too (the reckless driving laws by state hub covers the federal layer).

Reckless stunt driving: drag racing and laying drags

Georgia created a separate, heavier offense in 2021. O.C.G.A. 40-6-390.1(a) provides that a person who operates any vehicle "while drag racing, in violation of Code Section 40-6-186, or laying drags, in violation of Code Section 40-6-251, in reckless disregard for the safety of persons on a highway or upon private property without express authorization from the owner of such property commits the offense of reckless stunt driving."

The offense needs both a drag race or laying drags and reckless disregard for the safety of persons, on a highway or on private property used without the owner's express authorization. The grade climbs with convictions within ten years:

• First conviction with none in the previous ten years: a misdemeanor of a high and aggravated nature, with a fine of $500 to $1,000 and 10 days to six months (40-6-390.1(a)(1)).
• Second conviction in ten years: a misdemeanor of a high and aggravated nature, with a fine of $750 to $1,500 and 90 days to 12 months (40-6-390.1(a)(2)).
• Third conviction in ten years: a misdemeanor of a high and aggravated nature, with a fine of $2,500 to $5,000 and 120 days to 12 months (40-6-390.1(a)(3)).
• Fourth or later conviction in ten years: a felony with a fine of $5,000 to $7,500 and one to five years; if the violation injures another person or damages property over $1,000, the first 12 months of the sentence may not be suspended, probated, deferred or withheld (40-6-390.1(a)(4)).

These amounts were set by Senate Bill 10 (Act 513), effective July 1, 2024.

Under 40-6-390.1(c)(1), a vehicle driven by a person who has a prior reckless stunt driving conviction and is arrested and charged with the offense again is declared contraband and subject to forfeiture under Chapter 16 of Title 9. Subsection (c)(2) lets the court transfer the title of the only family vehicle to another licensed family member who needs it for work or family transportation, when the financial hardship of forfeiture outweighs the benefit to the state; that transfer is granted only once.

License suspension. Under O.C.G.A. 40-5-57.2(a), a reckless stunt driving conviction suspends the license by operation of law:

• First conviction with no conviction for the offense in the previous five years: a suspension of "up to 12 months," with the right to apply for early reinstatement after 120 days.
• Second conviction within five years: a suspension "for three years," with early reinstatement possible after 18 months from the date of conviction.
• Third or later conviction within five years: the person "shall be considered a habitual violator," and the license is revoked under 40-5-58.

Senate Bill 160 (Act 418 of 2026, signed May 6, 2026) rewrites Section 40-5-57.2 and adds a limited driving permit route for drivers suspended after a reckless stunt driving conviction. The Act provides that "This Act shall become effective on July 1, 2028," so until then the current Section 40-5-57.2 governs.

Racing and laying drags

Racing has its own section. O.C.G.A. 40-6-186(b) provides that "No person shall drive any vehicle on a highway in this state in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition of speed, contest of speed, or test or exhibition of speed." Under 40-6-186(c), a conviction is a misdemeanor, so the general range in 17-10-3(a)(1) applies: a fine up to $1,000, up to 12 months, or both.

Section 40-6-186(a) defines a "drag race" as two or more vehicles accelerating from side by side "in a competitive attempt to outdistance each other," or one or more vehicles run over a common course to compare speed or acceleration, and "racing" as using vehicles to outgain or outdistance another vehicle, prevent it from passing, arrive at a destination ahead of it, or test drivers' stamina over long-distance routes.

A racing conviction is a mandatory suspension: "Racing on highways and streets" is on the 40-5-54(a) list, and racing counts toward habitual-violator status.

Laying drags. Section 40-6-251(a) bars driving on "the public streets, highways, public or private driveways, airport runways, or parking lots in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around, except to avoid a collision or injury or damage." The Department of Driver Services schedule assigns it 3 points. Laying drags done in reckless disregard for the safety of persons is reckless stunt driving under 40-6-390.1.

Organizers and facilitators. O.C.G.A. 16-11-43.1(a) makes knowingly promoting or organizing an exhibition of illegal drag racing or laying drags a misdemeanor of a high and aggravated nature. Since July 1, 2024, Section 16-11-43.1(b) also makes it a misdemeanor, with a fine of at least $250, to be knowingly present and actively facilitating such an exhibition; the statute says active facilitation may be shown by using a vehicle to block the part of the roadway closest to the participants.

Aggressive driving in Georgia

O.C.G.A. 40-6-397(a) provides that a person commits aggressive driving "when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, 40-6-390, or 40-6-390.1 with such intent."

The difference from reckless driving is the intent toward another person. A conviction is "a misdemeanor of a high and aggravated nature" (40-6-397(b)), punishable under 17-10-4(a) by a fine up to $5,000, confinement up to 12 months, or both. Aggressive driving carries 6 points.

Is there a careless driving law in Georgia?

The reckless, stunt and aggressive driving sections, and the speed sections in 40-6-180 and 40-6-181, contain no separate careless-driving offense with its own grade. The nearest Georgia rule is the due-care duty in O.C.G.A. 40-6-241(b): "A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle." The Department of Driver Services points schedule lists a 40-6-241 conviction as "Failure to Exercise Due Care/Unlawful Use of Wireless Device," at 1 point for a first offense, 2 for a second and 3 for a third or later. The other lower-tier rule is the basic speed rule in 40-6-180, which carries 0 points when charged as too fast for conditions.

Fleeing or eluding police

Fleeing police is graded on its own scale under O.C.G.A. 40-6-395, as rewritten by House Bill 1216 (Act 646) for offenses on or after July 1, 2022. A first, second or third conviction is a high and aggravated misdemeanor. A first conviction carries a fine of $1,000 to $5,000, which cannot be suspended, stayed or probated, and 30 days to 12 months; a second within ten years, $2,500 to $5,000 and 90 days to 12 months; a third, $4,000 to $5,000 and 180 days to 12 months (40-6-395(b)(1)(A)-(C)). A fourth or later conviction within ten years is a felony with a fine of $5,000 to $10,000 and 12 months to ten years (40-6-395(b)(1)(D)).

Under 40-6-395(c), fleeing is a felony punishable by a fine of $5,000 to $10,000 and 12 months to ten years in prison if, while fleeing, the driver exceeds the posted limit by more than 20 mph, strikes or collides with another vehicle or a pedestrian, is the proximate cause of an accident, flees "in traffic conditions which place the general public at risk of receiving serious injuries," leaves the state, or commits one of the listed offenses, which include reckless driving (40-6-390(a)), reckless stunt driving (40-6-390.1(a)), laying drags (40-6-251(a)) and DUI (40-6-391(a)). Under 40-6-395(e), a sentence under subsection (c), or for a fourth conviction under (b)(1)(D), shall not be suspended, probated, deferred or withheld, and the charge shall not be reduced to a lesser offense.

Since July 1, 2026, Section 40-6-395(d) calculates the jail sentence for fleeing an officer of the Department of Public Safety's Capitol Police, Commercial Vehicle Enforcement or Uniform Division at 30 days for each mile actually traveled while fleeing, within the minimum and maximum set in subsections (b) and (c). A fleeing conviction is also a mandatory license suspension under 40-5-54(a)(5).

Is there a wet reckless in Georgia?

Georgia's DUI statute does not mention reckless driving. O.C.G.A. 40-6-391 contains no provision on a reduced plea to reckless driving, and its subsection (h), which lists the offenses that "shall be deemed to be a violation of this Code section" when counting prior DUI convictions, names any substantially conforming federal law, a local ordinance adopting Section 40-6-391, and any substantially conforming law of Georgia or another state. Reckless driving is not on that list.

Alcohol still links the two offenses in the statute book: Section 40-6-3(a)(3) applies both reckless driving and DUI "upon highways and elsewhere throughout the state," and a DUI conviction suspends an under-21 driver's license by operation of law under 40-5-57.1(a), as reckless driving does. For DUI penalties, see Georgia DUI laws.

Driving without a license in Georgia

Georgia separates driving with no license from failing to carry one.

License required. O.C.G.A. 40-5-20(a) provides that no person, except those expressly exempted, "shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven," and a person who has been a Georgia resident for 30 days must obtain a Georgia license. A violation is punished under 40-5-121(a), with two statutory exceptions: a person driving on a Georgia license expired for less than 31 days who produces in court a license that would have been valid at the time "shall not be guilty of such offense," and a person who has a valid license but not in his or her possession is handled under Section 40-5-29.

Failure to carry. Under 40-5-29(c), a person convicted of failing to carry a license "shall be fined no more than $10.00 if he or she produces in court a license theretofore issued to him or her and valid at the time of his or her arrest."

Driving unlicensed, suspended or revoked (40-5-121(a)). Except for habitual-violator revocations, which 40-5-58 governs, the grading runs by convictions within five years:

• First conviction: a misdemeanor; the person is fingerprinted and "shall be punished by imprisonment for not less than two days nor more than 12 months," and a fine of $500 to $1,000 may be added.
• Second and third conviction: a high and aggravated misdemeanor, with imprisonment of 10 days to 12 months and a possible fine of $1,000 to $2,500.
• Fourth or later conviction: a felony, with imprisonment of one to five years and a possible fine of $2,500 to $5,000.

Under 40-5-121(b)(1), when the department receives a record of a conviction for driving while suspended, disqualified or revoked, it "shall impose an additional suspension or disqualification of six months."

Georgia reckless driving and related offenses: penalty table

Georgia does not sort crimes into lettered classes. The general misdemeanor range is in O.C.G.A. 17-10-3(a)(1) (fine up to $1,000, up to 12 months, or both) and the range for a misdemeanor of a high and aggravated nature is in 17-10-4(a) (fine up to $5,000, up to 12 months, or both); a section that sets its own penalty, such as 40-6-390.1 or 40-6-395, controls over those defaults. For how Georgia grades crimes generally, see Georgia felony and misdemeanor classes.

Homicide by vehicle in Georgia

Under O.C.G.A. 40-6-393(a), causing the death of another person through a violation of Code Sections 40-6-390 through 40-6-391, which include reckless driving and reckless stunt driving, or through fleeing under 40-6-395(a), is homicide by vehicle in the first degree; see Georgia manslaughter laws.

Recent changes to Georgia reckless driving laws

• 2021: reckless stunt driving. House Bill 534 (Ga. L. 2021, p. 228), effective May 3, 2021, created the reckless stunt driving offense in Section 40-6-390.1 and its license suspension in 40-5-57.2, put 40-6-390.1 into the habitual-violator definition in 40-5-58, and added Sections 40-6-390 and 40-6-390.1 to the list of violations in the aggressive driving section, 40-6-397.
• 2022: fleeing police. House Bill 1216 (Act 646), effective July 1, 2022 for offenses on or after that date, raised the fleeing penalties in 40-6-395, made a fourth conviction in ten years a felony, and made fleeing while committing reckless driving, reckless stunt driving or laying drags, or while causing an accident, a felony under 40-6-395(c), whose DUI trigger now covers any violation of 40-6-391(a) rather than only paragraph (a)(5).
• 2024: reckless stunt driving. Senate Bill 10 (Act 513), effective July 1, 2024, raised the 40-6-390.1 fines, added a non-suspendable first 12 months for a fourth-offense felony causing injury or property damage over $1,000, rewrote the forfeiture rule, added the facilitating offense in 16-11-43.1(b) and added reckless stunt driving to the graduated-licensing conditions in 40-5-24.
• 2026: fleeing Department of Public Safety officers. House Bill 1161 (Act 640), effective July 1, 2026, added 40-6-395(d): a sentence for fleeing an officer of the department's Capitol Police, Commercial Vehicle Enforcement or Uniform Division is calculated at 30 days per mile traveled while fleeing, within the section's minimum and maximum.
• 2028: stunt-driving suspensions. Senate Bill 160 (Act 418 of 2026) rewrites the reckless stunt driving suspension section, 40-5-57.2, and takes effect on July 1, 2028.
• Reckless driving itself. Section 40-6-390 traces to Code 1933 and Ga. L. 1974, with its last listed amendment in 1990 (Ga. L. 1990, p. 2048).

Related Georgia laws

• Reckless driving laws by state
• Georgia DUI laws
• Georgia manslaughter laws
• Georgia felony and misdemeanor classes
• Georgia hit-and-run laws
• Georgia expungement laws
• Florida reckless driving laws
• North Carolina reckless driving laws

This article is general legal information about Georgia law, not legal advice. For a specific situation, contact a lawyer licensed in Georgia, or the Georgia Department of Driver Services for driver's license and points questions.

Last updated: 2026-10-21.

Frequently Asked Questions

Is reckless driving a misdemeanor in Georgia?

Yes. O.C.G.A. 40-6-390(b) makes reckless driving a misdemeanor punishable by a fine up to $1,000, imprisonment up to 12 months, or both. A 10 percent surcharge is added to the fine under 15-21-151.

How fast is reckless driving in Georgia?

Georgia sets no speed at which driving becomes reckless: Section 40-6-390 turns on reckless disregard for safety, not a number. Separately, a conviction at 85 mph or more (75 mph or more on a two-lane road) brings a $200 super speeder fee under 40-6-189.

How many points is reckless driving in Georgia?

Four points under the O.C.G.A. 40-5-57 schedule; aggressive driving is 6. The Department of Driver Services suspends a license at 15 points in any 24-month period.

Does reckless driving suspend your license in Georgia?

Reckless driving is not on the 40-5-54 mandatory-suspension list, but its 4 points count toward the 15-point suspension rule. For a driver under 21, a reckless driving conviction suspends the license by operation of law (40-5-57.1).

What is reckless stunt driving in Georgia?

Operating a vehicle while drag racing or laying drags in reckless disregard for the safety of persons, on a highway or on private property without the owner's express authorization (O.C.G.A. 40-6-390.1). The first three convictions in ten years are high and aggravated misdemeanors; the fourth is a felony.

Can reckless driving be a felony in Georgia?

Plain reckless driving under 40-6-390 is a misdemeanor. Reckless stunt driving becomes a felony on a fourth conviction in ten years, and fleeing police becomes a felony on a fourth conviction in ten years or when, among other listed conditions, the driver exceeds the limit by more than 20 mph or commits reckless driving while fleeing (40-6-395(c)).

Does Georgia have a wet reckless?

The DUI statute, O.C.G.A. 40-6-391, does not mention reckless driving, and its subsection (h) list of offenses deemed prior DUI violations covers federal laws, adopting local ordinances and parallel state laws, not reckless driving.

Is there a careless driving law in Georgia?

The reckless, stunt and aggressive driving sections contain no separate careless-driving offense. The nearest rule is the duty in 40-6-241(b) to exercise due care and avoid distractions, which the Department of Driver Services schedule lists at 1 to 3 points depending on the offense number, and the basic speed rule in 40-6-180.

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

A first conviction under 40-5-121(a) is a misdemeanor with 2 days to 12 months and an optional fine of $500 to $1,000; second and third convictions within five years are high and aggravated misdemeanors, and a fourth is a felony. Driving on a suspended license also adds a six-month suspension.

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

Yes. O.C.G.A. 40-5-142(22) lists reckless driving as a serious traffic violation, in a commercial vehicle or, unless otherwise specified, a noncommercial one. Under 49 C.F.R. 383.51, a second conviction within three years brings a 60-day commercial disqualification, but a personal-vehicle conviction counts only if it results in a revocation, cancellation or suspension.