Reckless Endangering Another Person (Reckless Endangerment) in Oregon

The crime of Reckless Endangering Another Person (sometimes incorrectly referred to as “Reckless Endangerment“) is frequently charged along with DUI in Oregon. Oregon’s criminal laws are codified in Oregon Revised Statutes and ORS 163.195 details the crime of “Recklessly Endangering Another Person” as follows:

1. A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
2. Recklessly endangering another person is a Class A misdemeanor.

What is considered “Reckless” in Oregon?

Oregon criminal law has various levels of mental states, including but not limited to: intentionally, knowingly, and recklessly. Oregon defines “reckless” conduct in ORS 161.085(9) as follows:

“Recklessly, when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.”

What are the Penalties for Reckless Endangering Another Person in Oregon?

Reckless Endangering Another Person is a Class A misdemeanor in Oregon, meaning that:

• The maximum period of incarceration is 364 days in jail (ORS 161.615). Note that this is deliberately one day short of a full year; the Oregon Legislature reduced the maximum in 2017, largely to avoid the harsher federal immigration consequences that attach to a one-year sentence.
• The maximum period of supervision or probation that can be imposed is 5 years, and
• The maximum fine that can be imposed is $6,250 (ORS 161.635).

If you’ve been arrested or cited by a police officer for Reckless Endangering Another Person, that doesn’t necessarily mean that the prosecutor will formally charge you with the crime. Likewise, if you haven’t been cited for Reckless Endangering Another Person, it doesn’t mean you can’t be formally charged later by a prosecutor for the crime. Prosecutors have broad discretion over which charges to file, add, or drop.

Can I be Charged with Reckless Endangering Another Person for Driving Under the Influence?

Here are a few examples of how and when a police officer might cite or arrest a DUI driver for Reckless Endangering Another Person, or how and when a prosecutor might charge someone with both DUI and Reckless Endangering Another Person:

1. There was a child in the car at the time that you were allegedly driving while under the influence of intoxicants. Given the sensitivity of child endangerment in the eyes of the public and law enforcement, any risky or dangerous behavior that puts a child’s safety at risk can result in possible criminal charges.
2. Another driver, passenger, bicyclist, or pedestrian saw (and reported) erratic and dangerous driving while you were allegedly driving while under the influence of intoxicants. Given the rise in popularity and use of cell phones, when other people see erratic or dangerous driving, they are much more likely to report it immediately to 9-1-1.
3. Another driver, passenger, bicyclist, or pedestrian saw (and reported) a near accident while you were allegedly driving while under the influence of intoxicants. Again, with the widespread use of cell phones, people now tend to report near-accidents to 9-1-1.
4. You were involved in an accident while allegedly driving while under the influence of intoxicants. Given that Reckless Endangering Another Person is a crime that can occur with the mere possibility of an accident, an actual accident is often prima facie evidence of reckless conduct. The government’s theory is essentially: If no one was driving recklessly, there wouldn’t have been an accident.
5. You were arrested for DUI and later blew a very high BAC or had a very high BAC. This theory is a bit more controversial, but some police officers and some prosecutors engage in this sort of charging. The theory is that, with a high blood alcohol level, there was a greater level of risk that you’d be unable to drive safely, and therefore your driving must have been reckless.

Please note that this is not an exhaustive list, but rather meant to provide some illustrative examples.

Also note that the crime of Reckless Driving is very similar to the crime of Reckless Endangering Another Person. Many times, both charges will be charged together and along with a DUI charge.

If you’ve been arrested for, cited, or formally charged with Reckless Endangering Another Person, contact an attorney immediately. In many cases, the charge can be dismissed or reduced in plea negotiations, and in other cases, the charge can be fought with evidence that the government cannot prove the charge beyond any reasonable doubt.

Frequently Asked Questions About Reckless Endangering in Oregon

Is reckless endangering a felony or a misdemeanor in Oregon?

Recklessly Endangering Another Person is a Class A misdemeanor in Oregon (ORS 163.195), the most serious misdemeanor level. It carries a maximum of 364 days in jail and a fine of up to $6,250. It is not a felony, but a conviction still creates a permanent criminal record.

Does someone have to be injured for a reckless endangering charge in Oregon?

No. The crime only requires conduct that creates a substantial risk of serious physical injury to another person. No injury, and not even an actual accident, is required. That’s why the charge is so often added to DUI cases based on nothing more than the manner of driving.

What’s the difference between reckless driving and reckless endangering in Oregon?

Reckless Driving (ORS 811.140) specifically involves driving a vehicle recklessly in a manner that endangers people or property. Reckless Endangering Another Person (ORS 163.195) is broader and covers any reckless conduct that puts another person at substantial risk of serious physical injury, whether or not a vehicle is involved. In DUI cases, prosecutors frequently charge both alongside the DUI.

Can a reckless endangering charge be dismissed?

Often, yes. In many DUI cases, the reckless endangering count is dismissed or reduced as part of plea negotiations, particularly where the driver enters the DUII Diversion Program on the DUI charge. In other cases, the charge can be contested at trial because the state cannot prove reckless conduct beyond a reasonable doubt. The right approach depends on the facts of your case.

Talk to an Oregon Criminal Defense Attorney

A reckless endangering charge stacked on top of a DUI raises the stakes of your case, and how the two charges get resolved together matters. Michael Romano has defended Oregon DUII and criminal cases for over 26 years. Call Romano Law, P.C. at 503-208-5529 or schedule a consultation.

Last updated: July 5, 2026 | Reviewed by Michael G. Romano, Managing Attorney