Attorney Trey Porter
Trey Porter
In this article:

Is Street Racing Illegal in Texas?

Man driving a car during sunset.

Street racing is illegal in Texas, 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.

  • What is the code for street racing in Texas? Street racing is punishable under Texas Transportation Code section 545.420 Racing On Highway, which provides:A person may not participate in any manner in: (1) a race; (2) a vehicle speed competition or contest; (3) a drag race or acceleration contest; (4) a test of physical endurance of the operator of a vehicle; or (5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record.

DO PEOPLE GO TO JAIL FOR STREET RACING IN TEXAS?

Yes, people are arrested and criminally charged for street racing in Texas. 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 as punishment. Sentencing is ultimately subject to several factors, including effective defense and plea bargain by an experienced Texas law firm.

  • Is it a felony to street race in Texas? 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.
  • Who is liable if two drivers are street racing? All participants in a street race, including illegal drag racing and street takeover, are subject to criminal charges under Texas law.

ARE BURNOUTS ILLEGAL IN TEXAS?

Yes, burnouts are illegal in Texas. The current community atmosphere concerning street racing means law enforcement will aggressively target burnouts and arrest those individuals for Reckless Driving or Disorderly Conduct. Additionally, Texas municipalities frequently penalize burning or “digging out” in local ordinances, usually as class C misdemeanors.

  • Are car meets illegal in Texas? Car meets are not illegal in Texas. However, current attitudes surrounding street racing are such that law enforcement may be suspicious of otherwise legal and legitimate behavior and could subject individuals to baseless stops and warrantless searches.

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

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.

  • Do street racers get caught in Texas? Street racers do get caught in Texas due to current aggressive law enforcement initiatives. Motorists fleeing law enforcement can be charged for the crime Evading Arrest in a Vehicle, a State Jail felony offense.

WHAT HAPPENS IF SOMEONE DIES IN A STREET RACE?

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 the crime of Murder, Manslaughter, or Criminally Negligent Homicide under Texas law.

  • What is the new street racing law in Texas? As of 2021 legislation, law enforcement in Texas 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. Law enforcement can then obtain legal ownership of the vehicle through civil asset forfeiture laws. These vehicles are then offered at auction by the sheriff, Texas highway patrol, or the Texas Department of Public Safety.
  • 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 TEXAS?

Texas drivers can drive as fast as 85 MPH on nearly 41 miles of Texas 130, the toll road just east of Austin which connects into north Texas. Additionally, many portions of Interstate 10 between El Paso and Kerrville have a speed limit of 80 miles per hour. These roads often contain little traffic, making an ideal environment for cruising at high speeds.

  • 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.

WHERE CAN I RACE MY CAR IN TEXAS?

There are several race tracks operating legally throughout Texas, including many that host drag racing. These 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.

  • Is it okay to come last in a race? Many distance runners and cyclists view finishing a race as a worthy accomplishment regardless of the end result. Certainly, completing a marathon or triathlon in any place is an impressive feat in and of itself. However, car racing generally rewards the top 3 finishers in the competition.

TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE

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.

Did like a post? Share it with:
Attorney Trey Porter

Trey Porter

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.

REQUEST A FREE CONSULTATION

If you have been arrested and charged with a crime, it’s time to start building your defense.

Related Posts

Let's Get Legal on YouTube!

Tune In for Legal Tips, Laughs, and Learning

Explore More Legal Adventures: Discover Related Posts

Discover Related Posts

Categories

Explore Our Legal Categories

constitutional rights

CRIMINAL CHARGES

DRIVER'S LICENSES

DWI CHARGES

EXPUNGEMENT

FELONY CHARGES

MISDEMEANOR CHARGES

PROBATION

Testimonials

What our clients think about us

Unlock the Perks of Choosing Us!

 

Request
a free consultation

Contact Trey Porter Today

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
Contact Trey Porter Today
Request a free consultation