law.com Law Dictionary Quote:
"reckless driving
n. operation of an automobile in a dangerous manner under the circumstances, including speeding (or going too fast for the conditions, even though within the posted speed limit), driving after drinking (but not drunk), having too many passengers in the car, cutting in and out of traffic, failing to yield to other vehicles and other negligent acts. It is a misdemeanor crime. A "wet reckless" is a plea in a drunk driving prosecution allowed to lessen the penalty when the blood alcohol level is close to the legal limit."
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In other words, Reckless Drivers have to show intentional negligence towards others on the road. You cannot prove that a Drunk Driver is being negligent because their thinking is impaired. You certainly cannot penalize people just for getting drunk: "You got drunk, you are being negligent." Reckless drivers are intentionally reckless: swerving through traffic like a bat out of hell, not yielding for those who have the right of way, running red lights, etc. You cannot prove that a drunk driver is in
any way getting drunk to be negligent to anyone else. People get drunk for several reasons: to have fun, they like getting drunk, stress, depression, or they are just addicted to liquor. People are accepting the possible consequences of drinking as they know that they could just
possibly get into a car and drive. The word "possibly/possible" is not an absolute word and negligence IS an absolute: "you were negligent" not "You sort of, kinda maybe were negligent." A reckless driver is sober enough to make a logical decision to be negligent, but someone who receives a DUI is not sober enough to be penalized with an absolute charge of reckless driving.
"They are drunk" an absolute for a DUI.