Reckless driving is a serious traffic offense across the United States, and Texas law takes it no less seriously. If you have been cited for reckless driving or are trying to understand the legal consequences in the state of Texas, it is important to know where the offense falls on the criminal spectrum.
So, is reckless driving a felony in Texas? Generally no, but there are circumstances where it can escalate to a felony. Understanding the legal definition, penalties, and how your actions can impact the charges is essential for protecting your rights and your future. If you’re facing charges after a serious accident, consulting a Houston car accident lawyer can help you navigate the legal process and explore your options.
What Counts as Reckless Driving in Texas?
Under Texas Transportation Code Section 545.401, reckless driving is defined as operating a motor vehicle with willful or wanton disregard for the safety of persons or property. This means the driver either knowingly ignored the risks of their actions or behaved in a dangerously irresponsible manner.
Examples of Reckless Driving Behavior
- Driving at extremely high speeds in a crowded area
- Swerving in and out of lanes without signaling
- Ignoring traffic signals or stop signs
- Driving aggressively and tailgating
- Engaging in street racing or exhibition of speed
- Attempting to evade police during a stop
Texas courts consider not just the act itself but the intent and danger involved. If the driver knew their actions were risky and continued anyway, it could meet the threshold of recklessness.
Is Reckless Driving a Felony in Texas?
In most cases, reckless driving is not a felony in Texas. It is typically charged as a misdemeanor offense. However, under specific circumstances, it can be elevated to a felony charge.
Typical Charge: Misdemeanor
Reckless driving is usually considered a Class B misdemeanor in Texas. This means it is more serious than a traffic ticket but less severe than a felony. The penalties can still be significant.
Penalties for Class B Misdemeanor Reckless Driving Include:
- Up to 180 days in county jail
- A fine of up to $2,000
- Possible license suspension
- Criminal record
Although the maximum jail time is six months, many first-time offenders may receive probation, community service, or defensive driving school as part of a plea agreement.
When Can Reckless Driving Become a Felony in Texas?
Reckless driving can rise to the level of a felony when it causes serious bodily injury, death, or involves other criminal activity. In these cases, the charge is no longer just reckless driving but may be elevated to other felony-level crimes.
Common Felony Upgrades from Reckless Driving
- Intoxication Assault
If reckless driving involves intoxication and causes serious injury to another person, it may be charged as intoxication assault. This is a third-degree felony punishable by 2 to 10 years in prison and a fine up to $10,000. - Manslaughter or Criminally Negligent Homicide
If reckless driving causes a fatal accident, the driver may face vehicular manslaughter charges. Depending on the case, this can be a second-degree felony, punishable by 2 to 20 years in prison. - Evading Arrest in a Vehicle
A driver who recklessly operates a vehicle while attempting to evade law enforcement can be charged with a third-degree felony, especially if it places others in danger. - Habitual Offender Enhancement
Multiple reckless driving convictions can lead to enhanced sentencing, especially if they result in injury or property damage.
Legal Consequences of Felony Reckless Driving in Texas
Felony-level reckless driving convictions have life-altering consequences. In addition to prison time and steep fines, a felony conviction can impact employment opportunities, voting rights, housing options, and the ability to own a firearm.
Additional consequences include:
- Permanent criminal record
- Increased auto insurance rates
- Civil lawsuits from victims
- Driver’s license revocation
- Loss of certain professional licenses
It is crucial to treat any reckless driving charge seriously, whether it starts as a misdemeanor or has the potential to escalate.
Difference Between Careless and Reckless Driving
Texas does not have a specific statute for “careless driving” like some other states. However, people often confuse the terms. Careless driving usually refers to unintentional or negligent driving behavior, while reckless driving involves a conscious disregard for safety.
In court, proving reckless driving requires demonstrating the driver’s intent or knowledge that their behavior was dangerous.
How a Lawyer Can Help in a Reckless Driving Case
If you are charged with reckless driving in Texas, you should consult a criminal defense attorney immediately. A lawyer can examine the evidence, negotiate with prosecutors, and potentially reduce or dismiss the charges depending on the circumstances.
Legal defenses may include:
- Lack of intent to drive recklessly
- Mistaken identity or false accusation
- Insufficient evidence
- Emergency driving situation
In some cases, legal counsel can help negotiate a plea deal to reduce the charge to a lesser traffic violation and avoid jail time.
What to Do If You Are Pulled Over for Reckless Driving
If an officer stops you and charges you with reckless driving, stay calm and follow these steps:
- Do not admit guilt or explain your behavior at the scene
- Cooperate respectfully with the officer
- Do not argue or attempt to talk your way out
- Request a lawyer before answering any questions
- Record details of the stop if possible
Anything you say can be used as evidence, so it is best to remain silent and speak only through legal counsel.
Injured by a Reckless Driver in Texas? Contact Dhanani Law for Help
If you or a loved one has been injured due to someone else’s reckless driving, you may be entitled to compensation for your medical bills, lost income, and emotional suffering. At Dhanani Law, we help victims hold negligent drivers accountable and fight for the justice they deserve.
Reckless drivers endanger everyone on the road. Whether you were hit while driving, walking, or riding in another vehicle, you should not have to pay for someone else’s dangerous behavior.
Let our experienced personal injury team review your case, deal with the insurance companies, and help you recover the maximum compensation under Texas law.
Contact Dhanani Law today for a free consultation and let us stand by your side every step of the way.
