Getting Behind the Wheel Doesn’t Make You Guilty of a Crime.

Driving and vehicular crimes cover a wide range of conduct, from misdemeanor allegations involving reckless behavior to serious felony prosecutions involving accidents, injuries, and death. The fact that an incident occurred on a public road doesn’t change what the State is required to prove.

Many of these cases involve split-second decisions, incomplete investigations, disputed facts, and charges that don’t accurately reflect what actually happened. An arrest is the beginning of the process, not the end of the analysis.

At Denuna & Westbrook, PLLC, we represent individuals facing driving and vehicular crime charges throughout Houston and the Gulf Coast region. We examine the evidence, the investigation, and whether the State can prove every required element of the offense beyond a reasonable doubt.

Driving and Vehicular Offenses in Texas

The nature of the alleged conduct, the circumstances of the incident, and any resulting injuries or fatalities determine how a charge is classified under Texas law and what the prosecutor must prove.

Reckless Driving

Under Texas Transportation Code Section 545.401, Reckless Driving occurs when a person drives a vehicle in willful or wanton disregard for the safety of persons or property. It is a criminal misdemeanor with its own unique punishment range: up to 30 days in county jail and a fine of up to $200.

That range makes reckless driving what practitioners call a hybrid misdemeanor. A Class C misdemeanor carries a fine of up to $500 but no jail exposure. A Class B misdemeanor carries up to 180 days in jail and a fine of up to $2,000. Reckless driving sits between these categories with the jail exposure of a Class B but a fine lower than a Class C. The practical consequence is significant. Unlike a Class C traffic citation, a reckless driving conviction creates a permanent criminal record that can appear on background checks, affect employment opportunities, impact professional licensing, and increase insurance rates.

The key issue in most reckless driving cases is the required mental state. The State must prove willful or wanton disregard, not merely careless or inattentive driving. A single traffic violation, a momentary lapse in judgment, or speeding alone may not satisfy that standard. The State must show a conscious decision to disregard a known risk, not simply that the driver made a mistake.

Reckless driving is also significant in DWI cases. Prosecutors sometimes offer a reckless driving plea as a reduction from a DWI charge. Because reckless driving doesn’t carry the license suspension consequences, the ALR process, or the enhanced penalties that apply to a DWI conviction, that offer can appear attractive. But evaluating it carefully, including the permanent criminal record it creates and how it interacts with a client’s employment or licensing situation, is an important part of any DWI defense.

Evading Arrest or Detention

Under Texas Penal Code Section 38.04, Evading Arrest or Detention follows when a person intentionally flees from law enforcement who was attempting a lawful arrest or detention. The classification depends heavily on how the person fled and what happened as a result. The distinction between evading on foot versus evading in a vehicle matters significantly in these cases.

Evading arrest or detention on foot is a Class A misdemeanor carrying up to one year in county jail and a fine of up to $4,000. If the person has a prior evading conviction, a second charge of evading on foot becomes a State Jail Felony.

Evading arrest or detention in a vehicle is a State Jail Felony carrying 180 days to two years in a state jail facility. If another person suffers serious bodily injury during the offense, the charge becomes a Third-Degree Felony. If another person dies, it becomes a Second-Degree Felony carrying two to twenty years in prison.

The lawfulness of the underlying stop or detention is one of the most important defense issues in any evading case. If law enforcement didn’t have a lawful basis to initiate the contact, the allegation may be flawed. Whether the defendant actually knew law enforcement was attempting to detain them, and whether their conduct actually constituted intentional flight rather than confusion or a delayed response, are also issues worth examining. Failing to stop is not the same as intentionally fleeing. The State must prove the defendant made a deliberate decision to run.

Failure to Stop and Give Information

Under Texas Transportation Code Section 550.022, a driver involved in an accident resulting in property damage, with no injury or death, is required to stop, remain at the scene, and exchange information with the other driver.

The classification depends on the amount of damage. If the damage to all vehicles is less than $200, the offense is a Class C misdemeanor. If the damage is $200 or more, it becomes a Class B misdemeanor carrying up to 180 days in county jail and a fine of up to $2,000. Since even minor damage to a modern vehicle routinely exceeds $200, most situations are charged as Class B misdemeanors.

Knowledge is an element of the offense. The State must prove the driver was aware that an accident occurred. That element drives the defense in many of these cases. A driver who didn’t realize contact was made or didn’t feel an impact has a legitimate defense, regardless of what the other driver claims. In these cases, we analyze the reliability of witness identifications, who was driving each vehicle, and whether the claimed damages are accurate and satisfy the statutory requirements.

Failure to Stop and Render Aid

Under Texas Transportation Code Section 550.021, a driver involved in an accident resulting in injury or death is required to stop immediately, remain at the scene, and provide information and reasonable assistance to any person injured. Failure to do so is a felony offense. When the accident results in death or serious bodily injury, the charge becomes a Third-Degree Felony. When death results, it becomes a Second-Degree Felony carrying up to twenty years in prison.

These cases require careful examination of what the driver knew at the time, whether they were aware an accident had occurred, and whether the circumstances actually support the charge being alleged. Driving away without realizing an accident occurred is different than intentionally failing to stop. The State must prove the driver actually knew an accident occurred.

Racing and Speed Competitions

Under Texas Transportation Code Section 545.420, participation in a speed competition or race on a public roadway is a Class B misdemeanor for a first offense, carrying up to 180 days in jail and a fine of up to $2,000. Subsequent offenses and situations involving serious bodily injury or death carry enhanced punishment ranges. These cases often arise from disputed circumstances involving multiple vehicles, and the evidence of actual participation in an organized race rather than aggressive individual driving deserves close scrutiny.

Criminally Negligent Homicide

Under Texas Penal Code Section 19.05, Criminally Negligent Homicide is a State Jail Felony carrying a punishment range of 180 days to two years in a state jail facility and a fine of up to $10,000. These allegations arise when a person causes the death of another through criminal negligence while operating a vehicle. Criminal negligence requires proof that a person failed to perceive a substantial and unjustifiable risk that their conduct would cause death, and that failure constituted a gross deviation from the standard of care an ordinary person would exercise. That is a meaningfully higher standard than ordinary carelessness or a traffic violation.

In some intoxication manslaughter cases, where the facts are disputed or legal issues affect the State’s case, a negotiated resolution to criminally negligent homicide becomes a realistic outcome. That reduction represents a meaningful difference – from a Second-Degree Felony carrying two to twenty years to a State Jail Felony with a maximum of two years. Reaching that result requires identifying the right issues early and building a defense that gives the State a reason to reconsider its position.

Driving While License Invalid (DWLI) and Driving While License Suspended (DWLS)

Under Texas Transportation Code Section 521.457, Driving While License Invalid (DWLI) or Driving While License Suspended (DWLS) occurs when a person operates a motor vehicle after their license has been canceled, during a suspension or revocation period, while the license is expired but lapsed during a period of suspension, or after renewal has been denied. The offense also applies to anyone subject to a court order prohibiting them from obtaining a license.

The classification depends on the circumstances:

• Class C misdemeanor: the baseline offense, punishable by fine only up to $500
• Class B misdemeanor: when the person has a prior DWLI conviction, or was operating without the required liability insurance at the time
• Class A misdemeanor: when the person was operating without insurance and caused or was at fault in a collision resulting in serious bodily injury or death

Texas law provides an affirmative defense when the defendant did not receive actual notice of the cancellation, suspension, revocation, or denial. That defense is not available for suspensions arising from driving without insurance under Section 521.341, and actual notice is presumed if the notice was sent in accordance with law. Whether notice was actually received and how that defense applies in a specific case are questions worth examining.

For anyone already on bond in another criminal matter, a DWLI or DWLS charge can trigger bond revocation and create additional complications that jeopardize the underlying case. If your license has been suspended and you need to drive, an Occupational Driver's License may be an available option.

Prior Convictions and Enhanced Punishment

Prior convictions can significantly affect how driving and vehicular offenses are charged and prosecuted. Under Texas Penal Code Section 12.42, a prior felony conviction may enhance the punishment range of a current felony offense, elevating a State Jail Felony to a Third-Degree Felony or a Second-Degree Felony to a First-Degree Felony. Prior convictions may also affect eligibility for certain programs and resolutions. Your record and the current charge don't exist separately. Together, they determine the full scope of what you’re actually facing.

Proving a Vehicular Crime Requires More Than an Accident

Many driving and vehicular offenses require the State to prove a specific mental state. Reckless driving requires willful or wanton disregard. Evading requires intentional flight. Criminally negligent homicide requires a gross deviation from ordinary care. These are not the same as a traffic mistake, a bad decision, or an accident. Prosecutors sometimes charge conduct that falls short of what the law actually requires, and identifying that gap is where many defenses begin.

The investigation itself deserves the same scrutiny. Driving and vehicular crime cases are built on accident reconstruction, witness statements, vehicle data, surveillance footage, dispatch recordings, and officer observations. Each deserves an independent examination. Accident reconstruction conclusions may rest on incomplete evidence or flawed assumptions. Witness accounts may conflict. Vehicle data may be misinterpreted. The sequence of events often looks different when all available evidence is examined together rather than in isolation.

When a serious accident is involved, the investigation may also implicate DWI allegations, Intoxication Assault, or Intoxication Manslaughter charges, each carrying its own evidentiary burden and defense issues. (→ DWI Accidents & Injuries) (→ Intoxication Assault) (→ Intoxication Manslaughter)

Consequences Beyond the Criminal Case

The consequences of a driving or vehicular crime conviction reach further than most clients expect.

A conviction may affect your driver’s license, your insurance rates, your employment, and your professional licensing. Felony convictions carry additional long-term consequences involving voting rights, firearm rights, and future criminal exposure.

For anyone already on bond in another criminal matter, a new driving offense can trigger bond revocation and jeopardize the underlying case. If your license is currently suspended, driving without authorization creates additional criminal exposure, which is entirely avoidable.

Defending Driving and Vehicular Cases in Houston

Chris Denuna and Nick Westbrook have handled driving and vehicular crime cases across the full range, from misdemeanor reckless driving allegations to serious felony prosecutions involving accidents, injuries, and fatalities.

The defense examination covers the investigation, the evidence, the mental state required, and whether the facts actually support the charge being alleged. Evidence disappears quickly in these cases. Surveillance footage gets overwritten. Witnesses become harder to locate. Vehicle data may be lost. Getting involved early gives the defense the best opportunity to build a complete picture of what actually happened.

Early involvement in your case makes a difference. The sooner we can review the evidence, the more options remain available.

Frequently Asked Questions — Driving & Vehicular Crimes in Texas

Is reckless driving a felony in Texas?

No. A standard reckless driving charge is a hybrid misdemeanor, with punishment and fines that fall between a Class C and Class B misdemeanor offense. However, if reckless driving results in serious bodily injury or death, more serious felony charges may follow under different statutes.

What is the difference between reckless driving and evading arrest?

Reckless driving focuses on the manner of driving and requires proof of willful or wanton disregard for safety. Evading arrest focuses on intentional flight from law enforcement and is classified as a felony when a vehicle is involved.

Can I be charged with a crime if I didn’t know I was in an accident?

Failure to stop and render aid requires proof that you knew an accident had occurred. If you were genuinely unaware, that issue becomes central to the defense.

Is criminally negligent homicide the same as manslaughter?

No. Criminally Negligent Homicide requires proof the defendant failed to perceive a substantial and unjustifiable risk, constituting a gross deviation from ordinary care. It is a State Jail Felony carrying 180 days to two years in a state jail facility. Manslaughter requires recklessness, meaning the defendant was aware of the risk and consciously disregarded it. That awareness elevates the charge to a Second-Degree Felony carrying two to twenty years. Both involve a death. What separates them is what the driver knew at the time, and the punishment ranges reflect that difference.

Will a vehicular crime conviction affect my driver’s license?

Potentially. Depending on the offense and its outcome, a conviction may result in license suspension, surcharges, or other consequences affecting your driving privileges.

What if I was on bond when the new driving offense occurred?

A new criminal charge while on bond can result in bond revocation in the underlying case, immediate arrest, and additional complications affecting how both cases are resolved.

Contact a Houston Driving & Vehicular Crimes Defense Lawyer Today

Not every driving charge is a minor traffic offense. Some carry felony exposure, and the collateral consequences of any conviction can outlast the sentence. The evidence, the investigation, and the mental state required all deserve careful examination before any decisions are made.

Denuna & Westbrook, PLLC represents individuals facing driving and vehicular crime charges throughout Houston and the Gulf Coast region, including Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and Waller County.