Texas Reckless Driving Laws: Penalties, Racing and License Rules

Texas makes reckless driving a misdemeanor under Transportation Code Section 545.401: driving a vehicle "in wilful or wanton disregard for the safety of persons or property" is punishable by a fine of up to $200, up to 30 days in county jail, or both. The section sets no speed at which driving becomes reckless and has no repeat-offense or injury tier of its own, and the Texas driver's license chapter assigns it no points; the harsher Texas driving offenses are racing (Section 545.420) and the street-takeover provisions of Penal Code Section 42.03.

Information last verified on 2026-10-21. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Texas state statutes on reckless driving (Transportation Code 545.401), the speed rules in Chapter 545, racing and street takeovers, the license consequences in Transportation Code Chapters 521 and 522, and driving without a valid license. It does not cover DWI penalties (see Texas DUI and DWI laws), homicide offenses (see Texas manslaughter laws), leaving the scene of a crash (see Texas hit-and-run laws), city or county ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in Texas?

Texas defines reckless driving in a single sentence. Section 545.401(a) of the Transportation Code provides:

"A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property." Tex. Transp. Code 545.401(a)

The offense has two parts: driving a vehicle, and doing it with wilful or wanton disregard for the safety of people or property. The statute does not list specific acts, so the question in each case is the driver's conduct and state of mind.

Texas courts have described that mental state. In Dixon v. State, 358 S.W.3d 250 (Tex. App. Houston [1st Dist.] 2011), the court of appeals stated that the "elements of reckless driving are that the appellant drives a vehicle with willful or wanton disregard for the safety of persons or property," and that "Willful and wanton disregard as applied to reckless driving means deliberate and conscious indifference to the safety of others."

The Penal Code has its own general definition of acting "recklessly" in Section 6.03(c): a person who "is aware of but consciously disregards a substantial and unjustifiable risk," where the disregard is "a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint." Section 545.401 does not use that word. It uses the separate phrase "wilful or wanton disregard."

Where the reckless driving law applies

Section 545.401(c) provides that, "Notwithstanding Section 542.001," the reckless driving section applies to:

• "a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles"; and
• "a highway or other public place."

So a business's customer parking area is covered, while private residential property and a paid parking garage or lot are carved out of that business-premises clause. Section 545.401(d) also applies the section to "a person, a team, or motor vehicles and other equipment engaged in work on a highway surface."

Is reckless driving a misdemeanor in Texas? Penalties

Yes. Section 545.401(b) states that the offense "is a misdemeanor punishable by: (1) a fine not to exceed $200; (2) confinement in county jail for not more than 30 days; or (3) both the fine and the confinement."

Two points about that penalty are easy to get wrong:

• It has no Class A, B or C label. Section 545.401 sets its own penalty, so the Penal Code class ranges in Sections 12.21 to 12.23 do not supply its punishment.
• There is no built-in escalation. The section has no higher tier for a second offense, for injury, or for property damage. When dangerous driving hurts or kills someone, other statutes apply, covered below.

Section 542.404(a) adds a work-zone rule: when an offense under its subtitle (other than the listed exceptions) "is committed in a construction or maintenance work zone when workers are present" and the notice to appear states on its face that workers were present, both the minimum and the maximum fine are "twice" what they would be outside the work zone.

When dangerous driving falls under a more serious offense

Section 545.401 is the lowest rung. Conduct that goes further can fall under separate offenses, each with its own grade:

• Deadly conduct. Under Penal Code 22.05(a), a person commits an offense if he "recklessly engages in conduct that places another in imminent danger of serious bodily injury." Section 22.05(e) makes that a Class A misdemeanor.
• Fleeing or evading. Transportation Code 545.421 and Penal Code 38.04 cover drivers who refuse to stop for police (grades in the table below).
• A death. When a driver's conduct causes a death, the Penal Code offenses are manslaughter (Section 19.04) and criminally negligent homicide (Section 19.05); see Texas manslaughter laws.

How fast is reckless driving in Texas?

No Texas statute makes a particular speed reckless driving. Neither Section 545.401 nor the speed sections of Chapter 545 name a speed, or a margin over the limit, that turns speeding into reckless driving.

Speed is governed instead by two rules:

• Reasonable and prudent speed. Section 545.351(a) provides that "An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing," and Section 545.351(b)(2) requires a driver to "control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care."
• Prima facie limits. Section 545.352(a) makes "A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter" prima facie evidence "that the speed is not reasonable and prudent and that the speed is unlawful." The limits in Section 545.352(b), which apply "Unless a special hazard exists that requires a slower speed," include 30 mph in an urban district on a street other than an alley, 70 mph on a highway numbered by Texas or the United States outside an urban district, 60 mph on other highways outside an urban district, and 15 mph on a beach.

Section 545.401 does not tie wilful or wanton disregard to any speed.

Is there a careless driving law in Texas?

Chapter 545 of the Transportation Code contains no offense named careless, inattentive or aggressive driving. The sections in that chapter built around reckless or wanton conduct are reckless driving (545.401), interference with a racing or reckless-exhibition investigation (545.4205) and fleeing a police vehicle (545.421).

The closest lower-tier rule is the reasonable-and-prudent speed requirement in Section 545.351. Section 542.301(b) makes an offense under the subtitle a misdemeanor "Except as otherwise provided," and Section 542.401 sets the general penalty: a person convicted of a misdemeanor under the subtitle "for which another penalty is not provided shall be punished by a fine of not less than $1 or more than $200."

Reckless driving points and license suspension in Texas

Chapter 521 of the Transportation Code, the Texas driver's license chapter, contains no schedule that assigns points to traffic violations, so a reckless driving conviction carries no license points under it.

License exposure comes through other routes:

• Reckless driving is not on the automatic-suspension list. Section 521.341 lists the convictions that automatically suspend a license, and Section 545.401 is not among them. The list includes, among others, criminally negligent homicide or manslaughter committed with a motor vehicle, evading arrest using a motor vehicle, the intoxication offenses in Penal Code 49.04, 49.045 and 49.08, and "an offense punishable as a felony under the motor vehicle laws of this state."
• Habitually reckless or negligent operator. Under Section 521.292(a), the Department of Public Safety "shall suspend the person's license if the department determines that the person" is "a habitually reckless or negligent operator of a motor vehicle" or "a habitual violator of the traffic laws." Other listed grounds include being responsible as a driver for "any collision resulting in serious personal injury or serious property damage" (521.292(a)(7)), being under 18 and convicted of two or more moving violations committed within a 12-month period (521.292(a)(8)), and committing the fleeing offense in Section 545.421 (521.292(a)(9)). This suspension rests on a DPS determination rather than on a single conviction.
• Habitual violator. Section 521.292(b) defines a habitual violator as a person with "four or more convictions that arise out of different transactions in 12 consecutive months, or seven or more convictions that arise out of different transactions in 24 months," counting moving violations of the traffic laws of any state, Canadian province or political subdivision, with listed exclusions (including seat-belt violations under Section 545.413).
• Length. Section 521.293 provides that "If the person does not request a hearing, the period of license suspension under Section 521.292 is 90 days."

Commercial driver's licenses

For CDL holders, reckless driving counts as a "serious traffic violation." Transportation Code 522.003(25)(A) defines that term to include a conviction arising from driving a motor vehicle for "reckless driving, as defined by state or local law," and for excessive speeding of 15 mph or more above the posted limit. Under Section 522.081(a), which "applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle," a CDL or commercial learner's permit holder is disqualified from driving a commercial motor vehicle for 60 days on two serious traffic violations within a three-year period, and for 120 days on three arising from separate incidents within a three-year period.

Federal rule 49 C.F.R. 383.51 (Table 2) sets 60-day and 120-day disqualifications for a second and a third reckless driving or other serious traffic violation within three years, and 49 C.F.R. 384.226 bars a state from masking, deferring or diverting a CDL holder's traffic conviction to keep it off the CDLIS driver record. On national park roads, 36 C.F.R. 4.2 adopts state traffic law, so Texas law governs reckless driving there as well; the reckless driving laws by state hub covers the federal layer.

Street racing in Texas

Racing is the Texas driving offense with real escalation. Section 545.420(a) provides that "A person may not participate in any manner in: (1) a race; (2) a vehicle speed competition or contest; (3) a drag race or acceleration contest; (4) a test of physical endurance of the operator of a vehicle; or (5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record."

The grade depends on what is "shown on the trial of the offense":

• First offense: Class B misdemeanor (545.420(d)).
• Class A misdemeanor if the person has one prior conviction under Section 545.420(a), or at the time of the offense was operating the vehicle while intoxicated as defined by Penal Code 49.01 or possessed an open container as defined by Penal Code 49.031 (545.420(e)).
• State jail felony with two prior convictions under that subsection (545.420(f)).
• Third-degree felony if, as a result of the offense, "an individual suffered bodily injury" (545.420(g)).
• Second-degree felony if, as a result of the offense, "an individual suffered serious bodily injury or death" (545.420(h)).

Racing also carries consequences outside the sentence:

• Impound. Under Section 545.420(i), a peace officer "shall require" a vehicle used in a racing offense, or in an offense punishable under Penal Code 42.03(d) or (e), to be taken to the nearest licensed vehicle storage facility unless it is seized as evidence. The owner "is liable for all removal and storage fees incurred and is not entitled to take possession of the vehicle until those fees are paid."
• One-year license suspension. Under Section 521.350, a license "is automatically suspended on conviction of an offense under Section 545.420(a)," for one year except as the section provides. The person remains eligible for an occupational driver's license, but for a person younger than 18 that license may permit driving only between home and the school where the person is enrolled. The convicting court must also require "at least 10 hours of community service."
• Forfeiture. Under Code of Criminal Procedure Article 59.01(2)(B), property used or intended to be used in the commission of any offense under Section 545.420, or any offense punishable under Penal Code 42.03(d) or (e), is contraband subject to forfeiture under Chapter 59.
• Interfering with an investigation. Section 545.4205 makes it a Class B misdemeanor to use "the person's body, a car, or a barricade to knowingly impede or otherwise interfere with a peace officer's investigation" of racing or of a reckless driving exhibition.

Street takeovers and burnouts: Penal Code 42.03

Texas reaches street takeovers through its obstructing-a-highway offense. Penal Code 42.03(a) applies to a person who, "without legal privilege or authority," intentionally, knowingly or recklessly obstructs a highway, street, sidewalk or other place of passage to which the public has access, or disobeys a reasonable request or order to move from a peace officer, firefighter or person with authority over the premises in the listed circumstances. The base offense is a Class B misdemeanor (42.03(c)).

The grade rises when a driver is performing what the statute calls a "reckless driving exhibition." Section 42.03(f) defines it as an operator of a motor vehicle, "on a highway or street and in the presence of two or more persons assembled for the purpose of spectating the conduct, intentionally: (1) breaking the traction of the vehicle's rear tires; (2) spinning the vehicle's rear tires continuously by pressing the accelerator and increasing the engine speed; and (3) steering the vehicle in a manner designed to rotate the vehicle." The three acts are joined by "and," and the spectators and the highway or street are part of the definition.

• Class A misdemeanor if, at the time of the offense, the person was operating a motor vehicle while engaging in a reckless driving exhibition (42.03(d)).
• State jail felony if, in addition, the person has a prior conviction for an offense punishable under Subsection (d), was operating the vehicle while intoxicated as defined by Section 49.01, or "a person suffered bodily injury as a result of the offense" (42.03(e)).
• State jail felony also applies when the actor, in committing an obstruction offense, knowingly prevents the passage of an authorized emergency vehicle that is operating its emergency signals, or obstructs access to a hospital or other facility that provides emergency medical care (42.03(c-1)).

A vehicle used in an offense punishable under 42.03(d) or (e) is subject to the same impound rule as a racing vehicle (Transportation Code 545.420(i)) and is contraband under Code of Criminal Procedure Article 59.01(2)(B). Penal Code 71.02(a) lists offenses punishable under 42.03(d) or (e), and racing under Transportation Code 545.420, among the offenses that support engaging in organized criminal activity when committed "with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang or foreign terrorist organization."

Is there a wet reckless in Texas?

Neither the reckless driving section nor the Penal Code intoxication chapter contains a wet reckless provision. Penal Code Chapter 49, which holds the intoxication offenses (Sections 49.01 through 49.12), contains no provision that mentions reckless driving, either as a reduced charge or as a prior offense, and Section 545.401 says nothing about alcohol.

Alcohol does change the grade of several related driving offenses: intoxication raises racing to a Class A misdemeanor (545.420(e)(2)(A)) and a reckless driving exhibition to a state jail felony (42.03(e)(2)), and Section 545.421(e) presumes reckless endangerment when a person fleeing police "while intoxicated knowingly operated a motor vehicle." For DWI penalties themselves, see Texas DUI and DWI laws.

Driving without a license in Texas

Texas separates driving with no license from driving while a license is suspended or otherwise invalid.

License required. Section 521.021 provides that a person, other than one expressly exempted, "may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter."

Penalties under Section 521.025. A violation of Section 521.025 (license to be carried and exhibited) is a misdemeanor punishable by a fine of up to $200, except that:

• a second conviction within one year after the first carries a fine of $25 to $200;
• a third or later conviction within one year after the second carries a fine of $25 to $500, county jail of 72 hours to six months, or both; and
• the offense is a Class A misdemeanor if the person was operating the vehicle in violation of Section 601.191 (operating a motor vehicle without the financial responsibility Section 601.051 requires) and "caused or was at fault in a motor vehicle collision that resulted in serious bodily injury to or the death of another person."

Section 521.025(d) provides that it is a defense to prosecution under that section if the person charged produces in court a driver's license "(1) issued to that person; (2) appropriate for the type of vehicle operated; and (3) valid at the time of the arrest for the offense." Section 521.025(f) allows the court to assess an administrative fee of up to $10 when a charge is dismissed because of that defense. Separately, Section 521.026 provides that a judge may dismiss a charge of driving with an expired license if the defendant remedies the defect "within 20 working days or before the defendant's first court appearance date, whichever is later," and may assess a reimbursement fee of up to $20.

Driving while license invalid (Section 521.457). The grading runs:

• Class C misdemeanor as the default (521.457(e)).
• Class B misdemeanor with a prior conviction under the section (or under former Section 601.371(a)), or if the person was driving in violation of Section 601.191 (521.457(f)), or if the license was previously suspended as the result of an offense involving driving while intoxicated (521.457(f-1)).
• Class A misdemeanor if the person was driving in violation of Section 601.191 and caused or was at fault in a collision that resulted in serious bodily injury to or the death of another person (521.457(f-2)).

Section 521.457(d) provides that, except as Subsection (c) provides, it is an affirmative defense that the person "did not receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to the person's license," and that "actual notice is presumed if the notice was sent in accordance with law." Under Section 521.457(c), it is not a defense that the person did not receive actual notice of a suspension "imposed as a result of a conviction for an offense under Section 521.341."

Driving while suspended is also a DPS suspension ground in its own right: Section 521.292(a)(1) covers a person who "has operated a motor vehicle on a highway while the person's license was suspended, canceled, disqualified, or revoked, or without a license after an application for a license was denied."

Texas reckless driving and related offenses: penalty table

The class ranges come from Penal Code Chapter 12: Class A (Section 12.21) up to $4,000, up to one year in jail, or both; Class B (12.22) up to $2,000, up to 180 days, or both; Class C (12.23) a fine up to $500; state jail felony (12.35(a)-(b)) 180 days to two years in a state jail plus a fine up to $10,000, "Except as provided by Subsection (c)"; third-degree felony (12.34) 2 to 10 years plus a fine up to $10,000; second-degree felony (12.33) 2 to 20 years plus a fine up to $10,000. Reckless driving under 545.401 is the exception: its range comes from 545.401(b) itself. For the full class table, see Texas felony and misdemeanor classes.

The official Penal Code prints two 2011 versions of Section 38.04(b). Texas appellate courts apply the later-enacted version (S.B. 1416), under which evading arrest is a third-degree felony when the actor uses a vehicle in flight, regardless of prior convictions (38.04(b)(2)(A)); see Fuller v. State (Tex. App. Austin 2020). That version also makes evading a third-degree felony when another person suffers serious bodily injury as a direct result of the officer's attempt to apprehend the actor, and a second-degree felony when another person dies as a direct result of that attempt (38.04(b)(2)(B), (b)(3)(A)).

Vehicular homicide in Texas

When driving causes a death, the governing Texas offenses are manslaughter (Penal Code 19.04) and criminally negligent homicide (Penal Code 19.05), covered on the Texas manslaughter laws page.

Recent changes to Texas reckless driving and racing laws

• 2021: street takeovers and interference. Acts 2021, 87th Leg., H.B. 9 and S.B. 1495 (effective September 1, 2021) amended Penal Code 42.03, and S.B. 1495 added Transportation Code 545.4205, the Class B offense of interfering with a peace officer's investigation of racing or a reckless driving exhibition.
• 2023: further amendments. Acts 2023, 88th Leg., H.B. 1442 (effective September 1, 2023) and H.B. 4595 amended Penal Code 42.03, and H.B. 1442 also extended the contraband definition in Code of Criminal Procedure Article 59.01 to any offense under Section 545.420 (it had covered only Class A misdemeanor and felony racing offenses, other than a Class A misdemeanor based solely on an open container), added offenses punishable under 42.03(d) or (e) to that definition, and added both racing and those offenses to the offense list in Penal Code 71.02; H.B. 2899 (effective June 2, 2023) and H.B. 2190 (effective September 1, 2023) amended Transportation Code 545.420; and H.B. 291 (effective September 1, 2023) amended the racing license suspension in Section 521.350.
• 2023: relief for older invalid-license convictions. Section 521.457(h), amended by Acts 2023, 88th Leg., H.B. 842 and H.B. 2190 (effective September 1, 2023), provides that, except as Subsection (i) provides, DPS may not suspend a license under Section 521.292(a)(1), or extend a suspension under Section 521.343(c), for a conviction under Section 521.457 if the offense was committed before September 1, 2019, the person was convicted after August 31, 2023, and the person pays the reinstatement fee.
• Reckless driving itself. Section 545.401 has stood unamended since its 1995 enactment (Acts 1995, 74th Leg., ch. 165).

Related Texas laws

• Reckless driving laws by state
• Texas DUI and DWI laws
• Texas manslaughter laws
• Texas felony and misdemeanor classes
• Texas hit-and-run laws
• Texas expungement laws

This article is general legal information about Texas law, not legal advice. For a specific situation, contact a lawyer licensed in Texas, or the Texas Department of Public Safety for driver's license questions.

Last updated: 2026-10-21.

Frequently Asked Questions

Is reckless driving a misdemeanor in Texas?

Yes. Transportation Code 545.401(b) makes reckless driving a misdemeanor punishable by a fine of up to $200, up to 30 days in county jail, or both. The section gives it no Class A, B or C label.

What counts as reckless driving in Texas?

Driving a vehicle in wilful or wanton disregard for the safety of persons or property (Transportation Code 545.401(a)). In Dixon v. State (2011), a Houston court of appeals described that disregard as deliberate and conscious indifference to the safety of others.

How fast is reckless driving in Texas?

No Texas statute makes a particular speed reckless driving. Speed over a posted limit is prima facie evidence of an unreasonable and unlawful speed under Transportation Code 545.352, a separate speeding rule.

How many points is reckless driving in Texas?

None. The driver's license chapter, Transportation Code Chapter 521, has no points schedule. Among other grounds, DPS shall suspend a license if it determines a driver is a habitually reckless or negligent operator or a habitual violator, for 90 days if no hearing is requested (521.292, 521.293).

Does a reckless driving conviction suspend your license in Texas?

Reckless driving under 545.401 is not on the Transportation Code 521.341 list of convictions that automatically suspend a license. A racing conviction under 545.420(a) does automatically suspend the license for one year (521.350).

Can reckless driving be a felony in Texas?

Section 545.401 itself has no felony tier. Racing becomes a felony with two prior racing convictions or when someone suffers bodily injury, serious bodily injury or death (545.420(f)-(h)), and a reckless driving exhibition becomes a state jail felony with a prior, intoxication or bodily injury (Penal Code 42.03(e)).

Does Texas have a wet reckless?

Neither Transportation Code 545.401, the reckless driving section, nor Penal Code Chapter 49, which contains the intoxication offenses, has a wet reckless provision. Chapter 49 does not mention reckless driving.

Is a street takeover illegal in Texas?

Yes. Under Penal Code 42.03(d), obstructing a highway while operating a motor vehicle in a reckless driving exhibition is a Class A misdemeanor, and 42.03(e) makes it a state jail felony with a prior, intoxication or bodily injury.

What is the penalty for driving without a license in Texas?

A first violation of Transportation Code 521.025 is a misdemeanor with a fine up to $200, with different ranges for repeat convictions within one year. Driving while license invalid under 521.457 is a Class C misdemeanor, raised to Class B or A in listed situations.

Does reckless driving affect a commercial driver's license in Texas?

Reckless driving is a serious traffic violation for CDL holders under Transportation Code 522.003. Two within three years disqualify the holder from commercial driving for 60 days, and three from separate incidents within three years for 120 days (522.081).