Is it legal to drive 10 mph over the speed limit in Texas? What the law says
You’re running late to work and can’t afford to be tardy again, so you push the accelerator down a little harder than normal.
The posted speed limit may say 70 mph, but that just doesn’t work for you. So, you keep pushing down and finally you’re at 80 mph, a whole 10 mph over the speed limit.
As you pass fellow Texans on the road, a thought pops in your mind: “Is this legal? Can I drive 10 mph over the speed limit?”
Here’s what Texas law says about being double digits over the posted speed limit.
Is it legal to drive 10 mph over the speed limit in Texas?
No. it’s illegal in Texas to exceed the speed limit on any occasion.
Under Texas Transportation Code section 545.352, any excess in speed on the established limits is considered unlawful. The default speed limits for certain roadways are:
- Alleys- 15 mph
- Streets- 30 mph
- Highways- 70 mph
The Texas Transportation Commission is allowed to bump up the speed limit in certain sections to 75, 80 and 85 mph, according to the Texas Department of Transportation.
The speed limit can be raised if the highway is deemed safe and reasonable after a traffic or engineering study. Speed limits on state highways can be set by either the commission or by city government if its within city limits.
What vehicles can drive 10 mph over the speed limit in Texas?
Under Texas Transportation Code section 545.365, the following vehicles are exempt from speed limits during emergency situations:
- An authorized emergency vehicle responding to a call.
- A police patrol.
- A physician or ambulance responding to an emergency call.
Can you be arrested for speeding in Texas?
Nope, as long as the driver signs the speeding ticket and says they will appear in court at a later date.
Under Texas Transportation Code section 543.004, there a few offenses where a police officer cannot arrest you:
- Speeding
- Texting and driving
- Having an open alcohol container
Drivers will likely be assigned a ticket from police for speeding, but they cannot be arrested because of it.
Texas speeding penalties
If you get a speeding ticket, you might just get a warning, but you could face the following fines:
- 1-5 mph over the limit: $165
- 6-9 mph over the limit: $180
- 10-14 mph over the limit: $195
- 15-19 mph over the limit: $240
- 20-29 mph over the limit: $265
- 30 mph or more over the limit: $300
Speeding is considered a Class C misdemeanor in Texas, with a maximum fine of up to $500 - unless you go 25 mph over the speed limit and attempt to evade law enforcement. Then it’s a felony.
This story was originally published June 6, 2025 at 12:55 PM.
