What Is Criminal Speeding in Texas?

Criminal speeding in Texas is not a standalone offense — Texas Transportation Code § 545.351 classifies ordinary speeding as a Class C misdemeanor (fine only, no jail). Speeding becomes a criminal-level charge when combined with other conduct: racing on a highway (§ 545.420), reckless driving (§ 545.401), or evading arrest in a motor vehicle (§ 38.04), which is a third-degree felony at any speed. Speeding that causes injury or death can escalate to intoxication assault or manslaughter.

What Is Criminal Speeding Under Texas Law?

“Criminal speeding” is not a defined offense in the Texas Transportation Code or the Texas Penal Code. In Texas, ordinary speeding falls under Texas Transportation Code § 545.351, which makes exceeding posted limits a Class C misdemeanor — punishable by fine only, with no jail time. People typically use the phrase “criminal speeding” to describe speeding conduct that has escalated to a higher-class charge through one of three pathways: reckless driving (§ 545.401), racing on a highway (§ 545.420), or evading arrest in a motor vehicle (§ 38.04).

Each of these is a separate offense with its own elements. Speed alone does not become criminal in Texas — the combination with other conduct, intent, or consequences is what raises the charge level.

When Does Speeding Become a Misdemeanor in Texas?

Speeding rises to a Class B misdemeanor when the conduct supports a reckless driving charge under Texas Transportation Code § 545.401. Reckless driving requires proof that the driver operated a vehicle “in willful or wanton disregard for the safety of persons or property” — speed alone is not enough. A driver going 90 mph in a 65 zone on a near-empty highway may be cited for ordinary speeding; the same speed weaving through dense traffic with near-misses may be charged as reckless driving.

Reckless driving carries up to 30 days in county jail and a fine up to $200 under the statute’s specific cap. Racing on a highway under § 545.420 is also a Class B misdemeanor at the baseline level, escalating to Class A or felony levels when injury, prior convictions, or intoxication are involved.

When Does Speeding Become a Felony in Texas?

Speeding rises to a felony charge through four main pathways:

• Evading arrest in a motor vehicle (§ 38.04(b)(2)): a third-degree felony at any speed — 2 to 10 years in the Texas Department of Criminal Justice, fine up to $10,000. Speed is incidental; the felony is in the act of fleeing law enforcement with a vehicle.
• Intoxication assault (§ 49.07): a third-degree felony when an intoxicated driver causes serious bodily injury. Excessive speed often appears in the prosecution’s evidence but is not itself the felony.
• Intoxication manslaughter (§ 49.08): a second-degree felony — 2 to 20 years — when an intoxicated driver causes death.
• Racing on a highway with serious bodily injury (§ 545.420(g)): a state jail felony when racing results in serious bodily injury.

There is no numeric speed threshold in Texas — no specific mph figure — at which speeding alone becomes a felony. The felony charge always comes from the underlying conduct (evading, intoxication, racing), not from the speed itself.

For a complete breakdown of when speeding rises to a felony charge, see Can You Get a Felony for Speeding in Texas?

What Are the Penalties for Speeding-Related Criminal Charges?

Penalties scale with the charge level:

• Ordinary speeding (§ 545.351): Class C misdemeanor — fine up to $500, no jail. School-zone and construction-zone speeding carries enhanced fines.
• Reckless driving (§ 545.401): Class B misdemeanor — up to 30 days in county jail and a fine up to $200 under the statute’s specific cap.
• Racing on a highway (§ 545.420): Class B misdemeanor at baseline, escalating to Class A with a prior conviction, intoxication, or an open container; state jail felony when serious bodily injury results; second-degree felony if death results.
• Evading arrest in a motor vehicle (§ 38.04(b)(2)): Third-degree felony — 2 to 10 years in TDCJ, fine up to $10,000, automatic license suspension.
• Intoxication assault (§ 49.07): Third-degree felony — 2 to 10 years, fine up to $10,000.
• Intoxication manslaughter (§ 49.08): Second-degree felony — 2 to 20 years, fine up to $10,000.

All Texas felony convictions carry collateral consequences beyond the sentence itself: loss of firearm rights under federal law, voting restrictions during the sentence, immigration consequences for non-citizens, and lasting effects on employment, housing, and professional licensing.

What Should You Do If You’re Charged With Criminal Speeding?

If you have been charged with a speeding-related criminal offense — reckless driving, racing, evading arrest, or any of the felony pathways above — the most important early step is to obtain the Probable Cause Affidavit and identify the specific Texas statute the State is pursuing. Different statutes have different elements, different defenses, and different ranges of punishment. The difference between a Class C ticket and a third-degree felony can come down to how the officer characterized the conduct in the affidavit.

The Law Office of David D. White, PLLC has practiced criminal defense exclusively since 2004 across ten Texas counties — Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop. The firm’s three attorneys work each case as a team via weekly case reviews and shared Clio notes. By the first consult, the firm has obtained the Probable Cause Affidavit, read it, and identified the State’s evidentiary weak points. Every case is fact-specific.

Call 512-369-3737 for a free consultation.

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