Reckless Endangerment is defined under RCW 9A.36.050 as “recklessly engaging in conduct that creates a substantial risk of death or serious physical injury to another person.” This is a gross misdemeanor offense in Washington and carries a maximum sentence of 364 days in jail in a $5,000 fine. Although this charge does not have to be related to operating a vehicle, it is commonly charged when there are passengers (especially those under the age of 16) in a vehicle at the time of a DUI arrest. It may also be charged when there is an accident or some other heightened type of endangering conduct while driving. Finally, it is also a charge that can sometimes be offered as a negotiated resolution on a DUI case. Although Reckless Endangerment and Reckless Driving sound like similar charges, they can each be filed in different circumstances depending on the conduct alleged.