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.
The base classification is Class B misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- 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 to |
|---|---|
| 1 prior §545.420 | Class A misdemeanor |
| 2+ priors OR open container OR BAC ≥0.15 | State jail felony |
| Causes serious bodily injury | 3rd degree felony |
| Causes death | 2nd degree felony |
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Worked examples
Worked example 1
Racing on a Highway under §545.420 (basic offense) is what level of offense?
- Class C misdemeanor
- Class B misdemeanor (default); enhanced for priors or injury/death Correct
- Class A misdemeanor
- State jail felony
Why: Racing on a Highway is a Class B misdemeanor by default (§545.420(d)). It is a Class A misdemeanor with one prior conviction, or if the person was intoxicated (Penal Code §49.01) or possessed an open container (§49.031) at the time (§545.420(e)); a state jail felony with two prior convictions (§545.420(f)); a third-degree felony if an individual suffered bodily injury (§545.420(g)); and a second-degree felony if an individual suffered serious bodily injury or death (§545.420(h)).
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?
- Speeding only
- 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
- Disorderly Conduct
- 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.