A traffic ticket can be either a misdemeanor or an infraction, and the answer depends on the specific violation printed on the citation. Most tickets are infractions, which are non-criminal violations you resolve by paying a fine. A smaller category of violations, including DUI, reckless driving, driving on a suspended license, and leaving the scene of an accident, are charged as misdemeanors, which are criminal offenses that can carry jail time and a permanent record. The ticket itself tells you which one you have if you know where to look.
The Core Difference
An infraction is a civil violation. You pay a fine, points may land on your driving record, and the matter closes. There is no criminal record, no jail exposure, and no right to a jury trial. In most states it works much like a parking ticket: you are settling a debt to the government, not defending yourself against a criminal charge.
A misdemeanor is different in kind, not just in degree. The government is accusing you of conduct serious enough to warrant potential jail time, probation, and a permanent entry on your criminal record. You have the right to a trial and the right to an attorney. The same slip of paper from the same officer can produce either outcome, which is why what the officer said at the roadside matters less than what the citation actually charges.
Tickets That Are Infractions
The citations most drivers receive sit squarely in infraction territory:
- Speeding moderately over the posted limit
- Rolling through a stop sign
- Making an illegal turn
- Following too closely
- Failing to signal
- Equipment violations like a burned-out headlight or excessive window tint
- Seat belt violations, in most places
The process is straightforward. You get a deadline to either pay the fine or contest the ticket. Base fines for something like a standard speeding violation generally run between $90 and $300, with court surcharges and administrative fees adding another $30 to $150. Many jurisdictions let you take a defensive driving course, typically costing $20 to $70, to reduce points or lower the fine. Pay by the deadline and no further legal proceedings follow.
Tickets That Are Misdemeanors
Certain violations cross into criminal territory because they reflect a serious disregard for public safety. These are the charges where the question stops being “how much is the fine” and becomes “do I need a lawyer.”
Driving under the influence. A first-offense DUI is a misdemeanor in every state. It is the single most common misdemeanor traffic charge and carries some of the harshest consequences, including license suspension, mandatory alcohol education, and possible jail time.
Reckless driving. Driving with willful disregard for the safety of others is a misdemeanor in most states for a first offense. Some states automatically treat excessive speeding as reckless driving, with thresholds ranging from 15 mph over the limit to 36 mph over. A handful of states also set an absolute speed ceiling, often around 80 to 85 mph regardless of the posted limit.
Driving on a suspended or revoked license. Getting behind the wheel after your driving privileges have been taken away is a criminal offense in most jurisdictions, because it involves defying a court or administrative order.
Leaving the scene of an accident. Failing to stop after a collision involving property damage is typically a misdemeanor. When someone is injured, the charge usually escalates further.
How to Tell Which One You Have
Your citation itself is the most reliable source. Three things on the ticket will answer the question.
First, look for the classification. Most citation forms print the category near the description of the violation. The words to look for are “infraction,” “civil violation,” or “violation” on one side, and “misdemeanor” on the other. Some jurisdictions use codes or abbreviations, so look up anything unfamiliar before assuming the best.
Second, read the instructions. If the ticket offers an option to pay a fine online or by mail without appearing in court, you are almost certainly looking at an infraction. If the ticket instead lists a mandatory court date with no pay-and-move-on option, that is a strong signal you have been charged with a misdemeanor.
Third, check the statute number. Every citation lists the specific law you allegedly broke. Searching that statute or ordinance number online will tell you the classification and the potential penalties in plain terms.
When a Traffic Charge Becomes a Felony
Some traffic violations go beyond misdemeanor territory into felony charges, and many drivers do not see this coming. The most common path is repeat DUI offenses. Most states elevate a DUI to a felony after two or three prior convictions within a set lookback period, though the exact number and timeframe vary.
Hit-and-run charges escalate quickly as well. Fleeing an accident where someone was seriously injured or killed is a felony in most states. Vehicular manslaughter, where reckless or impaired driving causes a death, is almost universally a felony carrying years of imprisonment. A reckless driving charge can also become a felony if it results in serious bodily injury, particularly to a child or other vulnerable person.
Your history matters here. A pattern of prior convictions can transform what would otherwise be a misdemeanor into something far worse.
What’s at Stake With a Misdemeanor Conviction
The most lasting consequence is the criminal record. Unlike an infraction, which stays on your driving record but does not show up as a crime, a misdemeanor conviction appears on criminal background checks. Employers, landlords, professional licensing boards, and schools routinely run those checks. A DUI or reckless driving conviction can cost you a job offer, a professional license, or an apartment lease years after the incident.
Expungement is possible in some states, but eligibility rules vary. You typically need to complete your sentence, including probation, wait a specified number of years, and stay out of further trouble. Some states do not allow DUI expungement at all.
The financial fallout extends well past the courthouse. Court fines for a misdemeanor can range from several hundred to a few thousand dollars. Auto insurance premiums then spike: a DUI roughly doubles the average driver’s annual premium, and that increase typically lasts three to five years. Many states also require drivers convicted of serious traffic offenses to file an SR-22 certificate as proof of state-minimum coverage. The filing itself runs about $25, but insurers treat SR-22 drivers as high-risk, which keeps premiums elevated. Most states require SR-22 status for about three years, and a policy lapse during that period triggers another license suspension.
Jail is on the table too. Misdemeanor traffic offenses carry a maximum sentence of up to one year in most states, though first-offense sentences tend to be much shorter or suspended entirely. Judges often impose probation instead, with conditions like community service, random drug or alcohol testing, and substance abuse education. Violating probation can send you back to face the original jail term.
If You’ve Been Charged With a Misdemeanor
Because a misdemeanor is a criminal charge, constitutional protections apply that do not apply to infractions. The most important is the right to an attorney. The Supreme Court held in Argersinger v. Hamlin that no person can be imprisoned for any offense unless they were represented by counsel at trial.1Cornell Law – Legal Information Institute. Jon Richard Argersinger, Petitioner, v. Raymond Hamlin The Court later clarified in Scott v. Illinois that the right to a court-appointed attorney attaches when the judge actually imposes a jail sentence, not merely when jail is theoretically possible.2Library of Congress. Scott v. Illinois, 440 U.S. 367 (1979) In practical terms, if the prosecutor is seeking jail time on your misdemeanor traffic charge, the court must provide a public defender if you cannot afford private counsel. Even when jail is off the table, you can still hire your own attorney.
Not every misdemeanor charge ends in a misdemeanor conviction. Prosecutors routinely offer plea bargains, particularly in DUI cases where the evidence is not overwhelming. A common outcome is a reduction to “wet reckless,” a reckless driving plea that acknowledges alcohol was involved but avoids a full DUI conviction. Other reductions include “dry reckless” (reckless driving without the alcohol component) or, in cases with very weak evidence, reduction to a non-criminal traffic infraction. Each option carries different consequences for your record, your insurance, and whether the conviction counts as a prior offense later. A wet reckless, for instance, typically counts as a prior DUI in many states if you pick up another charge.
Why Ignoring Either Type Makes It Worse
Ignoring a traffic citation turns a manageable problem into a serious one, and this is true whether the ticket is an infraction or a misdemeanor.
For infractions, missing the response deadline typically results in a suspended driving license. Some jurisdictions add late fees or contempt charges. In many places the court will issue a bench warrant, meaning the next time an officer runs your name on a routine stop, you could be arrested over what started as a $150 speeding ticket.
For misdemeanor citations with a mandatory court date, failing to appear is worse. The judge will almost certainly issue an arrest warrant. You may also face an additional criminal charge for failure to appear, which is itself a misdemeanor in most states. Responding to the citation by the deadline, even if only to request a continuance or contest the charge, is always better than silence.