Transportation Code · §545.420

Racing on Highway

On a public street or highway, participates in a race, speed competition, drag race, acceleration contest, test of physical endurance, or in connection with a drag race.

To prove this offense, the State must establish each of the following elements: On a public street or highway; Participates in a race, vehicle speed competition, drag race, acceleration contest, test of physical endurance, or in connection with a drag race; Class B (default).

The base classification is Class B misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • On a public street or highway
  • Participates in a race, vehicle speed competition, drag race, acceleration contest, test of physical endurance, or in connection with a drag race
  • Class B (default)
Texas Law — Charge Details
Class B Misd. → 2nd Degree Felony
Offense
Racing on Highway
Statute
Tex. Transp. Code §545.420
Classification
Class B misdemeanor (default)

On a public street or highway, participates in a race, speed competition, drag race, acceleration contest, test of physical endurance, or in connection with a drag race.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
1 prior §545.420Class A misdemeanor§545.420(c)
2+ priors OR open container OR BAC ≥0.15State jail felony§545.420(d)
Causes serious bodily injury3rd degree felony§545.420(e)
Causes death2nd degree felony§545.420(f)

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Worked examples

Worked example 1

Racing on a Highway under §545.420 (basic offense) is what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor (default); enhanced for priors or injury/death Correct
  3. Class A misdemeanor
  4. State jail felony
Why: Racing on a Highway is a Class B misdemeanor by default. It is enhanced to a Class A misdemeanor with one prior, a state jail felony with 2+ priors or BAC 0.15+ or open container, and a 3rd degree felony if SBI results, or 2nd degree if death results.
Statute: Tex. Transp. Code §545.420
Worked example 2

SCENARIO. Officer sees a vehicle drag racing on an empty industrial road with another vehicle alongside, both at high speeds. Best charges?

  1. Speeding only
  2. Racing on a Highway under §545.420 — Class B (with priors/aggravators escalating); plus relevant moving violations; if injuries result, felony enhancements; reckless driving may also fit Correct
  3. Disorderly Conduct
  4. Public Intoxication
Why: Racing on a Highway (a Class B by default) is the on-point charge. Underlying moving violations (speeding, lane violations) and Reckless Driving may be charged in the alternative or in addition.
Statute: Tex. Transp. Code §545.420; §545.401

Statutory definitions for this topic

Racing on a highway Tex. Transp. Code §545.420
Participating in a race, vehicle speed competition, drag race, acceleration contest, test of physical endurance, or in connection with a drag race on a public street or highway. Class B baseline; serious enhancements with priors / open container / BAC 0.15 / injury / death.