Street racing in Arizona is not a traffic ticket — it is a class 1 misdemeanor that carries up to 6 months in jail, thousands in fines, vehicle impoundment, and a license suspension. Arizona law enforcement has aggressively targeted street racing in recent years, and prosecutors treat these cases seriously. Whether you were clocked racing another car on the freeway or caught doing a burnout in a parking lot that spills onto a public road, you are facing criminal charges that can follow you for years.
This guide covers Arizona's racing on highways law under ARS 28-708, the penalties for drivers, spectators, and organizers, how the charge overlaps with reckless driving and criminal speed, and what to do if you have been charged.
Key Takeaways
- Class 1 misdemeanor — racing on highways (ARS 28-708) carries up to 6 months in jail and $2,500 in fines plus surcharges
- Vehicle impoundment — your vehicle can be impounded for up to 30 days and may be subject to forfeiture
- License suspension — 30 days for a first offense, 1 year for a repeat offense
- Spectators and organizers — can also face criminal charges
- Criminal charge — racing on highways is not covered under Traffic Ticket Buddy's standard subscription plans — subscribers who submit this type of violation are connected with a criminal defense attorney
What Is Racing on Highways Under ARS 28-708?
Under ARS 28-708, it is unlawful for a person to drive a vehicle or participate in any manner in a race, speed competition, drag race, or acceleration contest on a public highway. The statute also prohibits any "exhibition of speed or acceleration" on a highway — a broad provision that extends well beyond organized racing.
The law defines "racing" broadly. It covers:
- Drag racing: Two or more vehicles accelerating from a common starting point to determine which is faster
- Speed competitions: Any contest to determine which vehicle can reach a speed or cover a distance faster
- Exhibition of speed: Accelerating rapidly, spinning tires, or driving at excessive speed to show off — even without another vehicle involved
- Acceleration contests: Revving engines and launching from a stoplight or stop sign to see who can pull ahead first
The term "highway" under Arizona law includes any public road, street, or highway — not just freeways or interstates. A residential street, a commercial parking lot exit onto a public road, or a city boulevard all qualify.
You do not need to be racing another car to be charged under ARS 28-708. An "exhibition of speed" — doing a burnout, launching from a stop at full throttle, or accelerating rapidly to show off — is enough on its own. A single driver performing a solo exhibition of speed on a public road can be charged with this offense.
Penalties for Racing on Highways
Driver Penalties
Racing on highways is a class 1 misdemeanor under Arizona law, carrying some of the harshest penalties for a traffic-related misdemeanor:
| Penalty | First Offense | Repeat Offense |
|---|---|---|
| Classification | Class 1 misdemeanor | Class 1 misdemeanor |
| Maximum jail time | 6 months | 6 months |
| Maximum fine | $2,500 + surcharges | $2,500 + surcharges |
| License suspension | 30 days | 1 year |
| Points on record | 8 | 8 |
| Vehicle impoundment | Up to 30 days | Up to 30 days + forfeiture possible |
| Probation | Up to 3 years | Up to 3 years |
Surcharges in Arizona can add 80% or more to the base fine, meaning the actual amount you pay on a $2,500 fine can exceed $4,500. Courts also have discretion to order community service, mandatory traffic safety courses, and substance abuse evaluation.
Vehicle Impoundment and Forfeiture
One of the most immediate consequences of a racing charge is the impoundment of your vehicle. Under ARS 28-708, law enforcement can seize your vehicle at the scene and hold it for up to 30 days. You are responsible for all towing and daily storage fees, which can quickly total $1,000 or more.
Beyond impoundment, prosecutors in some Arizona jurisdictions pursue civil asset forfeiture of the vehicle used in the racing offense. Under civil forfeiture, the state can seek permanent seizure of the vehicle — and because forfeiture is a civil proceeding, it can move forward even before your criminal case is resolved. If the vehicle belongs to someone else (a parent, spouse, or friend), the registered owner may need to petition the court to recover it.
Unlike some traffic offenses where license suspension is at the judge's discretion, ARS 28-708 requires a mandatory license suspension. A first offense triggers a 30-day suspension, and a repeat offense results in a 1-year suspension. There is no restricted or hardship license available during the suspension period for racing offenses.
How Spectators and Organizers Can Be Charged
Arizona's street racing law does not stop at drivers. ARS 28-708 also targets those who facilitate or watch street races:
- Organizers: Anyone who plans, coordinates, or promotes a race on a public highway faces the same class 1 misdemeanor charges as the drivers. This includes setting up the location, signaling the start of the race, or coordinating through social media or messaging apps.
- Spectators: Knowingly attending a street race on a public highway is a class 2 misdemeanor under ARS 28-708. This carries up to 4 months in jail and fines up to $750 plus surcharges. Law enforcement frequently sets up operations that sweep up spectators alongside racers during crackdowns.
- Facilitators: Anyone who blocks traffic, acts as a lookout, or assists in organizing or conducting the race can be charged as a participant.
Arizona prosecutors routinely use social media posts, videos, and messages as evidence in street racing cases. If you posted a video of the race, shared your location at a known racing meetup, or discussed racing plans in a group chat, that content can be subpoenaed and used against you in court.
Overlap with Reckless Driving Charges
Street racing is almost always accompanied by a reckless driving charge under ARS 28-693. Racing on a public road inherently involves "reckless disregard for the safety of persons or property," which meets the threshold for reckless driving. Prosecutors frequently stack both charges to increase their leverage in plea negotiations.
The overlap between racing-related charges can be significant. Here is how they compare:
| Charge | Statute | Classification | Max Jail | Points |
|---|---|---|---|---|
| Racing on highways | ARS 28-708 | Class 1 misdemeanor | 6 months | 8 |
| Reckless driving | ARS 28-693 | Class 2 misdemeanor | 4 months | 8 |
| Criminal speed | ARS 28-701.02 | Class 3 misdemeanor | 30 days | 3 |
| Aggressive driving | ARS 28-695 | Class 1 misdemeanor | 6 months | 8 |
| Endangerment | ARS 13-1201 | Class 1 misdemeanor (or class 6 felony) | 6 months (or 1.5 years) | N/A |
Additional Charges That Often Accompany Racing
A street racing arrest rarely results in a single charge. Prosecutors routinely add related charges based on the circumstances:
- Criminal speed (ARS 28-701.02): If you were traveling 20+ mph over the speed limit, 85+ mph regardless of the posted limit, or 35+ mph in a school zone during the race, you face an additional criminal speed charge — a class 3 misdemeanor.
- Reckless driving (ARS 28-693): Almost always added alongside racing charges. Carries an additional 8 points on your driving record if convicted of both.
- Endangerment (ARS 13-1201): If your racing put another person at risk of imminent death or serious physical injury, prosecutors can add an endangerment charge. This is typically a class 1 misdemeanor, but if the risk involved a substantial risk of imminent death, it is elevated to a class 6 felony with up to 1.5 years in prison.
- Aggressive driving (ARS 28-695): If you were speeding plus committing two or more additional traffic violations during the racing incident, you can face an aggressive driving charge on top of the racing charge.
- Vehicular manslaughter: If someone is killed as a result of the race, you face felony charges including manslaughter (class 2 felony, up to 12.5 years in prison) regardless of whether you were the driver who caused the collision.
If convicted of both racing on highways and reckless driving from the same incident, the penalties and points accumulate. You could face up to 12 months of combined jail time, 16 points on your driving record, and multiple fines. An experienced defense attorney may be able to negotiate dismissal of some charges as part of a plea agreement.
Insurance Consequences
A racing on highways conviction devastates your auto insurance. Insurance companies view street racing as one of the most extreme risk factors, and the consequences are severe:
- Rate increases of 75% to 150% or more are typical after a racing conviction
- Many insurers will cancel your policy entirely and classify you as an uninsurable risk
- You may be required to obtain SR-22 high-risk insurance, which significantly increases premiums and must be maintained for 3 years
- The 8 points on your driving record compound the rate impact — even if you find a new insurer, you will pay elevated rates for years
- If the racing resulted in an accident, your insurer may deny coverage for the incident since racing is excluded from virtually all personal auto policies
Common Defenses for Racing on Highways
Defense strategies for racing charges depend on the specific facts, but experienced attorneys commonly pursue these approaches:
- Challenging the "racing" characterization: Driving fast is not the same as racing. If there was no other vehicle involved and no evidence of a competition, the defense can argue that the speed alone does not meet the statute's definition of racing or exhibition of speed.
- Questioning witness identification: In large-scale street racing operations, officers may arrest multiple people from chaotic scenes. If the officer did not personally observe you driving or cannot positively identify your vehicle as one of the racers, this creates reasonable doubt.
- Challenging radar or speed evidence: If the charge depends on speed measurements, the defense can challenge radar or lidar calibration records, officer training certifications, and the accuracy of the reading.
- Contesting the location: ARS 28-708 applies to public highways. If the alleged racing occurred on private property (a private parking lot, a closed course, or a private road), the statute may not apply.
- Negotiating a plea to a lesser charge: An attorney may negotiate to reduce the racing charge to a civil traffic violation such as speeding or waste of a finite resource, avoiding the criminal record, vehicle impoundment, and mandatory license suspension.
What to Do If Charged with Racing on Highways
A racing on highways charge is a serious criminal matter. Here is what you should do immediately:
- Do not discuss the incident. Anything you say to the officer, to friends, or on social media can be used against you. Be polite and cooperative with law enforcement but exercise your right to remain silent about the details of what happened.
- Document everything. Write down the circumstances while your memory is fresh — the location, time, weather, road conditions, how many other vehicles were present, what the officer said, and whether there were witnesses. Note the names and badge numbers of any officers involved.
- Retrieve your vehicle as quickly as possible. If your vehicle was impounded, storage fees accumulate daily. Contact the impound lot to understand the process and timeline for retrieval, and keep records of every fee you pay.
- Consult with a criminal defense attorney immediately. Racing on highways carries mandatory license suspension, potential jail time, and vehicle forfeiture. These cases require legal expertise — an attorney can challenge the evidence, negotiate with prosecutors, and protect your rights throughout the process.
- Do not miss your court date. Failing to appear on a class 1 misdemeanor will result in a bench warrant for your arrest and additional criminal charges for failure to appear.
Charged with street racing in Arizona?
Racing on highways is a criminal charge that requires a defense attorney. If you are a Traffic Ticket Buddy subscriber, submit your case and we will connect you with a criminal defense specialist in Arizona through our referral network.
Learn How It WorksFrequently Asked Questions
What is considered racing on highways in Arizona?
Under ARS 28-708, racing on highways includes any race, speed competition, drag race, acceleration contest, or exhibition of speed on a public highway. It does not matter whether the race was organized or spontaneous — even revving your engine and accelerating rapidly from a stoplight alongside another vehicle can qualify as an "exhibition of speed." The law applies to any public road in Arizona, not just highways or freeways.
Is street racing a felony or misdemeanor in Arizona?
Street racing is a class 1 misdemeanor under ARS 28-708. This carries up to 6 months in jail, fines up to $2,500 plus surcharges, a 30-day license suspension for a first offense (1 year for a repeat offense), and 8 points on your driving record. While it is not a felony on its own, if someone is injured or killed as a result of the racing, additional felony charges such as manslaughter or aggravated assault can be filed alongside the racing charge.
Can my car be impounded for street racing in Arizona?
Yes. Under ARS 28-708, law enforcement can immediately impound your vehicle if you are arrested for racing on a highway. The vehicle can be held for up to 30 days, and you are responsible for all towing and storage fees. In some cases, prosecutors may pursue civil asset forfeiture of the vehicle, meaning you could permanently lose your car — even before a conviction. If the vehicle is registered to someone else, they may need to petition the court to recover it.
Can spectators be charged for street racing in Arizona?
Yes. ARS 28-708 makes it illegal to be a knowing spectator at a street race or to assist in organizing or facilitating a race on a public highway. Spectators face class 2 misdemeanor charges carrying up to 4 months in jail and fines up to $750 plus surcharges. Organizers who coordinate the event face the same class 1 misdemeanor charges as the drivers. Law enforcement regularly conducts operations that arrest spectators alongside racers.
Will a street racing charge affect my insurance rates?
A street racing conviction has a severe impact on insurance. Most insurance companies treat racing on highways as one of the highest-risk offenses, often resulting in rate increases of 75% to 150% or more. Some insurers will cancel your policy outright, forcing you to obtain SR-22 high-risk insurance at significantly higher premiums for 3 years. If the racing incident resulted in an accident, your insurer may deny coverage entirely since racing is excluded from virtually all personal auto insurance policies.