• a race;

• a vehicle speed competition or contest;

• a drag race or acceleration contest;

• a test of physical endurance of the operator of a vehicle;  or

• in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record.

What is a “Drag race” under Texas law?

Operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or, one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicles in a specified distance or time.

What is a “Race” under Texas law?

The use of one or more vehicles in an attempt to

• outgain or outdistance another vehicle

• prevent another vehicle from passing

• arrive at a given destination ahead of another vehicle or vehicles

• test the physical stamina or endurance of an operator over a long-distance driving route

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What is the punishment for conviction of Racing on a Highway in Texas?

Racing on a highway is a Class B Misdemeanor punishable by up to 6 months in county jail and a fine not to exceed $2000. A second racing conviction is punishable as a Class A Misdemeanor punishable by up to 1 year in county jail and a fine not to exceed $4000. If the person was operating the vehicle while intoxicated or with an open container of alcohol, racing on a highway is also punished as a class A misdemeanor.

Can Racing on a Highway be a felony?

Racing on a Highway is a state jail felony punishable by 6 months to 2 years in a stat jail facility of the Texas Department of Criminal Justice and a fine not to exceed $10,000

Racing on a Highway is a felony of the third degree, punishable by 2 to 10 years in the institutional division of the Texas Department of Criminal Justice and a fine not to exceed $10,000, if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury.

Racing on a Highway is a felony of the second degree, punishable by 2 to 20 years in the institutional division of the Texas Department of Criminal Justice and a fine not to exceed $10,000, if is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury (think…overnight hospital stay) or death.

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