Can You Get a Felony for Speeding in Texas?

Texas is home to the fastest speed limit in the United States, with stretches of State Highway 130 having a limit of 85 miles per hour. However, can you get a felony for speeding in Texas? Even with liberal speed limits, many drivers choose to drive faster than the speed limit permits, often leading to speeding tickets.  In some cases, excessive speeding can be a criminal offense, and it can even become a felony under rare circumstances. Anytime you face a speeding charge, seek help from an Austin Criminal Defense Lawyer right away. 

Felony Speeding In Texas

In Texas, speeding violations are classified as Class C misdemeanors. However,  speeding charges can lead to more severe offenses, including reckless driving, high-speed evasion, or crashes causing serious injury or death. These cases carry harsh consequences like heavy fines, imprisonment, and long-term legal damage.

Default Speeds in Texas

It’s important to remember that default speed limits are enforced in all parts of Texas. The general default limits are 70 mph on rural highways and 60 mph on urban highways. In urban areas, the default speed limit is 30 mph, while beach areas and alleys have 15 mph default speed limit.

Always be aware of the posted speed, and depending on the road, weather, and traffic conditions, try to drive at a reasonable speed to avoid getting pulled over by law enforcement.

When Can Speeding Lead to a Felony?

• Evading Law Enforcement: Using excessive speeds while attempting to flee police.
• Street Racing: A state jail felony if the driver has two or more prior racing convictions.
• Speeding Resulting in Death: Reckless driving can lead to felony homicide charges.

Excessive Speed

Felony speeding is not a categorized as a stand-alone offense, but the act of  driving 25+ mph over the limit can lead to additional charges, especially while evading law enforcement. Conditions like time of day, location, or pedestrian presence are considered by prosecutors when assessing this type of case.

Reckless Driving

Reckless driving combines high speed with dangerous behavior. According to the Texas Transportation Code, a person may face this charge if they act with willful disregard for safety. Examples include:

• Weaving through traffic
• Tailgating while speeding
• Running lights or stop signs

If such conduct causes serious injury or death, felony charges may apply. In extreme cases, prosecutors may file charges like intoxication manslaughter or criminally negligent homicide. The Texas Courts outline classification details.

Racing On A Highway With Prior Offenses

Street racing is illegal in Texas. After two prior convictions, any new offense becomes a state jail felony, especially if tied to injury, intoxication, or death.

Repeat violations tied to felony speeding in Texas are seen as intentional threats to public safety and often lead to aggressive prosecution.

Other Felony Traffic Violations

• DWI with a Child Passenger
• Multiple DWI Convictions
• Hit and Run (Fatal Accidents or Serious Bodily Injury)

Felony speeding convictions can impact employment, insurance rates, and driving privileges. Understanding these consequences is crucial for anyone facing serious traffic charges.

Felony Speeding in Texas: Laws & Penalties

Speeding in Texas can escalate to new felony charges under specific circumstances, leading to severe legal consequences, including fines, jail time, and license suspension.

Misdemeanor speeding

Driving above the posted limit is normally a Class C misdemeanor, punishable by a fine only.

Criminal speeding

Tickets fines can increase if aggravated circumstances apply, for example if you exceed 35 mph in a school zone, go 20 mph over in residential / commercial areas, or use excessive speed on any Texas road.

Felony speeding

Felony speeding is not a standalone offense, however engaging in dangerous speeds while attempting to elude law enforcement would result in a felony evading arrest charge, punishable by up to 10 years in prison.

Speeding-Related Offenses & Penalties

Reckless Driving:

• Fine up to $2,000
• Jail time up to 180 days
• Possible license suspension

Speeding Over 100 MPH:

• Fine up to $2,000
• Jail time from 3 to 180 days

Ranges of Punishment for Offenses that could result from Felony Speeding 

• State Jail Felony: 6 months to 2 years in state jail, fines up to $10,000
• Third-Degree Felony: 2 to 10 years in prison, fines up to $10,000
• First-Degree Felony (Homicide Cases): 5 to life in prison, fines up to $10,000

Penalties Related to Speeding

The penalties you’ll receive for speeding depend on how fast you are driving and whether or not any other criminal offenses apply.  Speeding is also the most common reason citizens are stopped by law enforcement which could lead to a potential search of the vehicle under certain circumstances.

Class C Misdemeanor

A Class C misdemeanor is the least severe criminal violation in this respect and, again, can carry a fine of $500. This type of infraction covers most basic traffic infractions. This is a fine-only misdemeanor.

Class B Misdemeanor

• The most commonly charged Class B misdemeanor stemming from a traffic offense is Reckless Driving which is defined as driving a vehicle with wilful or wanton disregard for the safety of persons or property.

Felony Punishments

• At any speed, evading arrest in your vehicle is a 3rd Degree Felony.  Other felonies resulting from driving infractions include Intoxication Manslaughter, Intoxication Assault, DWI 3rd or more. If arrested for a felony based on conduct from your vehicle you need a highly experienced criminal defense lawyer immediately. 

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Consequences Of Felony Speeding

Felony convictions are not something you walk away from easily. They can affect every part of your life, from employment to housing. According to the Texas Penal Code, penalties are harsh depending on the degree of the felony.

Fines

Depending on the severity and degree of the offense, felony convictions in Texas carry fines ranging from $10,000 to $50,000. These fines are separate from court costs, legal fees, and other penalties.

Jail Time

Felony sentencing can vary significantly:

• 180 days to 2 years for a state jail felony
• 2 to 10 years for a third-degree felony
• Up to 99 years or life for a first-degree felony in the most severe cases

Other Penalties

• Driver’s license revocation or suspension
• Difficulty obtaining employment or housing
• Community supervision or probation
• Permanent criminal record with long-term impact

What To Do If Charged With Felony Speeding

Taking the proper steps quickly can affect the outcome if you face serious charges related to excessive speed. Being charged with a felony offense as a result of speeding in Texas doesn’t mean being convicted. But what you do following matters.

Consult With A Criminal Defense Attorney

Contact a Texas-based criminal defense attorney immediately. A qualified lawyer can explain your rights, examine your charges, and help build a defense tailored to your case.

Gather Evidence

Collect statements, dashcam video, and any digital or physical evidence. These details strengthen your case and provide critical context in court.

Cooperate With The Authorities

Remain calm and comply with instructions. Avoid discussing your case without your attorney present, and do not admit fault during interactions with police.

Contact an Austin Criminal Defense Lawyer

Whether you were arrested for reckless driving or need an Austin criminal defense lawyer for a charge of vehicular manslaughter or homicide, contact a DWI and criminal defense lawyer with proven experience. In Austin, Texas, contact the Law Firm of David D. White, PLLC: Austin Criminal Lawyer. Make sure you have a legal professional on your side. Call for a consultation today. 

Check Out More Helpful Articles

• Are DWI Checkpoints Legal in Texas?
• What Happens to Your Driver’s License if You Refuse to Submit to a Breath or Blood Test?
• Can You be Charged with DWI in Texas Months Later?

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