Is Street Racing Illegal in Austin?

Attorney Trey Porter
Trey Porter

Is Street Racing Illegal in Austin?

Is Street Racing Illegal in Austin?

Street racing is illegal in Austin, typically punishable as the Class B misdemeanor Racing On Highway. This offense is enhanceable to a Class A misdemeanor or State Jail felony depending on the amount of prior convictions. Cases resulting in serious bodily injury or death, are punishable as a second degree felony.

  • Is street racing legal in Texas? Street racing is a criminal offense in Texas that can be enhanced as high as a second degree felony in certain circumstances. Street racing can also be charged as Reckless Driving, a misdemeanor with a maximum 30 day jail sentence, or Disorderly Conduct, a Class C misdemeanor punishable by fine only. Learn more.

DO PEOPLE GO TO JAIL FOR STREET RACING IN AUSTIN?

Yes, people can be arrested and criminally charged for street racing in Austin. The Racing On Highway offense typically carries a maximum 180 jail sentence. Individuals with prior convictions, or in cases involving injury or death are subject to possible felony charges with a maximum 20 year prison sentence.

  • Is it a felony to street race in Austin? Street racing is a State Jail felony for individuals with 2 prior convictions for Racing on Highway. Racing cases involving bodily injury are third degree felonies while those resulting in serious bodily injury or death are punishable as a second degree felony.

ARE BURNOUTS ILLEGAL IN AUSTIN?

Yes, burnouts are illegal in Austin. The current community atmosphere concerning street racing means police will aggressively target burnouts and arrest those individuals for Reckless Driving or Disorderly Conduct. 

  • Are car meets illegal in Austin? Car meets are not illegal in Austin. However, the current discourse surrounding street racing is such that police may be suspicious of otherwise legal and legitimate behavior and could subject individuals to baseless stops and warrantless searches. Learn more.

WILL YOUR LICENSE BE AUTOMATICALLY SUSPENDED FOR STREET RACING IN AUSTIN?

No, a street racing case does not result in an automatic license suspension. However, a Racing On Highway conviction carries a 1 year driver’s license suspension. These individuals may qualify for an Occupational Driver’s License in some circumstances. Learn more.

  • What is illegal street racing called in Austin? The legal term for illegal street racing is Racing On Highway in Austin. This is a Class B misdemeanor that can be enhanced up to a second degree felony in some circumstances. A conviction for Racing On Highway results in a 1 year driver’s license suspension. Learn more.
  • Do street racers get caught in Austin? Street racers do get caught in Austin due to current aggressive police enforcement initiatives. Motorists fleeing police can be charged for Evading Arrest in a Vehicle, a State Jail felony offense.

WHAT HAPPENS IF SOMEONE DIES IN A STREET RACE IN AUSTIN?

A street racing death can result in a second degree felony charge for Racing On Highway. Depending on the facts, a culpable driver could also be charged with Murder, Manslaughter, or Criminally Negligent Homicide under Texas law

  • What is the new street racing law in Austin? As of 2021, Police in Austin can seize a driver’s vehicle following an arrest for Racing on Highway when punishable as a Class A misdemeanor, which results when a driver has one prior racing conviction. Police can then obtain legal ownership of the vehicle through civil asset forfeiture laws.
  • What are 5 dangers of street racing in Austin?
  1. Motorists engaged in street racing can be criminally prosecuted. 
  2. Racers risk their own safety as well as those of others.
  3. Racers can damage their vehicles as well as other private property.
  4. Drivers engaged in street racing can also be civilly liable for any damage they cause.
  5. Motorists engaged in street racing risk license suspension and insurance premium hikes. 

WHERE CAN YOU DRIVE FAST IN AUSTIN?

Drivers in Austin can drive as fast as 85 MPH on nearly 41 miles of Texas 130, the toll road just east of the city.  

  • Can you drive as fast as you want in Texas? Texans driving faster than posted speed limits can be cited for Speeding, or arrested for Unsafe Speed in some instances depending on the alleged speed. Learn more.

WHERE CAN I RACE IN AUSTIN?

There are several legal race tracks in and around Austin that can be located using a general internet search. These types of establishments open and close with some regularity so it is advised to affirm a location’s status prior to a visit.

  • Where can I race my car in Texas? Several race tracks operate legally throughout the state of Texas. Status, location, and hours can be found through a general internet search.
  • Is it okay to come last in a race? Generally, no.

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Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

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Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.

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