Charged with Racing on a Highway in San Antonio? Here Is What Happens Next.

If you were stopped or arrested for racing on a highway in San Antonio, you are facing a criminal charge — not just a traffic ticket. Under Tex. Trans. Code § 545.420, street racing, drag racing, and speed competitions on public roads in Texas are criminal offenses that can result in jail time, fines up to $10,000, a one-year driver’s license suspension, and a permanent criminal record.

The severity of the charge depends on your prior record and whether anyone was injured. Bexar County prosecutors treat these cases seriously, and so should you. San Antonio criminal defense attorney Genaro R. Cortez has defended drivers against traffic crimes and criminal charges in Bexar County for over 20 years. Call (210) 733-7575 for a free consultation.

How does the street racing law in Texas work?

Tex. Trans. Code § 545.420 makes racing on the highway in Texas a crime. Of major interest, this law bans drivers from:

1. racing;
2. getting into a vehicle speed competition or contest;
3. drag racing;
4. engaging in a test of the car driver’s physical endurance; and
5. getting into an exhibition of vehicle speed or acceleration or making a vehicle speed record while drag racing.

In other words, § 545.420 covers all types of street racing in Texas.

But to see how the racing on a highway law really works, we need to review the definitions for drag racing and racing. These definitions will explain how judges and juries decide if a person is guilty of street racing.

What is “drag racing” in Texas?

Under Tex. Trans. Code. § 545.420(b)(1), a “drag race” means:

1. two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or
2. 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 vehicle or vehicles in a specified distance or time.

What is street “racing” in Texas?

According to Tex. Trans. Code. § 545.420(b)(2), a street “race” means the use of one or more vehicles in an attempt to:

1. outgain our outdistance another vehicle or prevent another vehicle from passing;
2. arrive at a given destination ahead of another vehicle or vehicles; or
3. test the physical stamina or endurance of an operator over a long-distance driving route.

What are examples of street racing in Texas?

Examples of racing on the highway in Texas include:

• two or more cars competing to see who can drive a 1/4 mile faster;
• a driver spinning his tires during a drag race;
• two or more cars competing to get to a final destination by swerving in and out of traffic; and
• one or more drivers following the same GPS route to see who can drive it faster.

Is racing on a highway a felony in Texas?

Racing on the highway in Texas is a felony if:

1. the driver gets a third conviction for this crime;
2. someone is hurt during the crime; or
3. someone is killed during the crime.

However, for first-time offenders, racing on the highway is a Class B misdemeanor. It carries between 0-6 months in jail and a fine range between $0.00 and $2,000.00. Finally, most first-time offenders can get probation.

What are the penalties for street racing in Texas?

Tex. Trans. Code § 545.420 Penalties.

Will DPS suspend my driver’s license if I am convicted of street racing in Texas?

Yes. Tex. Trans. Code § 521.350 requires DPS to automatically suspend your driver’s license for one year if you are convicted of racing on a highway in Texas. On top of that, you must complete at least 10 hours of community service before you get your license back.

Nonetheless, you can petition the court for an occupational license so you can drive while your license is suspended.

How Are Street Racing Cases Prosecuted in Bexar County?

In San Antonio, street racing arrests are made by the San Antonio Police Department (SAPD) or Bexar County Sheriff’s Office depending on where the incident occurred. After arrest, the case is typically processed through the Bexar County Magistrate’s Office, where a magistrate will set bond and read you your rights.

Where your case is heard depends on the charge level:

• Class B and Class A misdemeanor racing cases are heard in the Cadena-Reeves Justice Center before one of the County Courts at Law.
• State jail felony and third-degree felony racing charges (involving injury or multiple prior convictions) are also heard in the Cadena-Reeves Justice Center–except the case will be in district court rather than county court.
• Second-degree felony racing charges — involving serious bodily injury or death — are also handled at the district court level and are prosecuted aggressively by the Bexar County District Attorney’s Office.

If you were arrested on Loop 1604, Interstate 35, Highway 90, or another San Antonio highway, the specific location of the alleged offense will determine which law enforcement agency and which court will handle your case. Attorney Genaro R. Cortez is familiar with the Bexar County courts, prosecutors, and procedures — and he will use that knowledge to build the strongest defense possible for your case.

One important note for first-time offenders in Bexar County, Texas. If you have a clean record and no one is hurt or killed, then your attorney can work with the Bexar County Prosecutor’s office to help you keep a clean record. Ask your attorney about applying for pre-trial diversion in your case.

Can I Fight a Street Racing Charge in San Antonio?

Yes. Being charged with racing on a highway in Texas is not the same as being convicted. The prosecution must prove specific elements of the offense beyond a reasonable doubt, and there are several legitimate defenses that an experienced San Antonio attorney can raise on your behalf:

1. No proof of competitive intent

The statute requires that you were competing — trying to outdistance, beat, or race another vehicle. Driving fast on a San Antonio highway is not automatically racing. If the officer’s stop was based on speed alone, without evidence of a competition, the charge may not hold up.

2. Insufficient evidence

Many racing charges rely on a single officer’s observation, often at night or from a distance. Without video footage, a co-defendant, or credible witness testimony, the prosecution’s case may be weaker than it appears.

3. Unlawful traffic stop

If SAPD or another officer stopped your vehicle without reasonable suspicion, any evidence obtained after that stop — including statements you made — may be suppressible. A motion to suppress can significantly change the outcome of your case.

4. Mistaken identity

In situations involving multiple vehicles — common on San Antonio’s highways at night — law enforcement may charge the wrong driver. If the officer could not clearly identify which vehicle or driver was involved, this is a viable defense.

Why Hire a San Antonio Street Racing Defense Attorney?

When you are facing a criminal charge in Bexar County, you need an attorney who knows the local courts, the local prosecutors, and how these cases actually play out in San Antonio — not a law firm based in Dallas or Houston that handles Texas cases from a distance.

Attorney Genaro R. Cortez is a San Antonio criminal defense attorney who has practiced in Bexar County for over 20 years. He handles every case personally — you will work directly with him, not a paralegal or a junior associate. His office is located at 730 West Hildebrand Avenue, Suite 2, San Antonio, Texas 78212, and he represents clients throughout Bexar County and surrounding South Texas courts.

If you have been charged with racing on a highway in San Antonio, call (210) 733-7575 for a free, confidential consultation. Attorney Cortez will review the facts of your case, explain your options, and tell you exactly what to expect in Bexar County court.