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Posted on June 13, 2025 in Arizona Revised Statutes,DUI Arrest,DUI defense,Vehicular Crimes
Racing, including drag racing, on Arizona streets and highways is illegal under Arizona Revised Statutes (ARS) 28-708.
In this post we take a close look at this statute providing the legal definition of what drag racing is, who can get into legal trouble for it (it’s not just the drivers), what the penalties are for being convicted of drag racing, and some possible defenses against a charge of drag racing in Arizona.
If you have been charged with drag racing in Arizona, call Rosenstein Law Group at (480) 248-7666 or use our contact form.
Under ARS 28-708(J)(1), Arizona law defines drag racing as:
Right away, we can see that the popular notion of drag racing as a side-by-side competition between two vehicles is not the only way you can be charged with drag racing.
You can be hit with this criminal speed charge if you are the only car on the road, as long as you are engaged in a competition with other drivers who are also separately racing their vehicles on the same route to compare speed and acceleration.
Anyone involved in a drag racing activity can be charged with a violation of ARS 28-708. This includes:
The legal consequences for violating ARS 28-708 depend on the following factors:
| Activity | First Time Conviction | Subsequent Conviction Within 24 Months of a Prior Conviction |
| Driving in a drag race | Class 1 Misdemeanor | Class 6 FelonyNo eligibility for probation, pardon, suspension of sentence or release on any other basis until you have served at least ten days in jail or prison. |
| Aiding in the commission of a drag race | Class 2 Misdemeanor | Class 1 Misdemeanor |
Conviction for a Class 1 misdemeanor in Arizona can result in the following consequences:
Conviction for a Class 2 misdemeanor carries the following possible penalties:
A Class 6 felony conviction is the lowest level of felony in Arizona, but is still a serious matter. You can face the following punishments:
Any violation of ARS 28-708, misdemeanor or felony, carries the following sanctions:
If the court orders jail time as part of the sentence, then under ARS 28-708(F) the court can, in a case of extreme hardship, allow you to continue to go to work or to attend school for up to 12 hours per day, for up to five days per week. The time allowed is only for time actually spent at work or school.
Under ARS 28-708(G), for a first conviction the judge may require you to surrender your Arizona driver’s license for up to 90 days. For a subsequent conviction, the driver’s license suspension increases to one year.
After you have completed at least 45 days of your sentence, you can apply to the Arizona Motor Vehicle Department for a restricted driver’s license, subject to the driving restrictions in ARS 28-144.
Depending on the circumstances, a drag racing charge can be accompanied by additional charges under Arizona law. These include:
Some possible defenses exist to a drag racing charge, depending on the facts underlying your activities. Here are some of the most common defenses.
When we read the drag racing definition of ARS 28-708(J)(1)(b) carefully, you can be charged with drag racing even if only one vehicle is involved—as long as the same vehicle is being driven more than once to compare times or acceleration.
So, for example, if you drive your own vehicle more than once on the same street or highway, doing “time trials” by recording and attempting to exceed your own speed record, technically, you might be charged with drag racing even if no one else and no other vehicle is involved. You would be, effectively, drag racing against yourself.
If, however, you are driving your vehicle only once, and no other vehicles are involved, then you can argue that this does not meet the statutory definition of drag racing. In this situation, however, you may still get a speeding ticket or even be charged with reckless driving.
This is a situation in which you are speeding, but unaware of any other driver who might have also been speeding in your proximity. You were not engaged in a speed competition, acceleration contest, or an exhibition of speed with that driver, so this would not meet the statutory definition of a drag race.
Again, as with the example above, this defense does not exclude a charge of breaking the speed limit or reckless driving.
Let’s say you get involved with another driver who is exhibiting “road rage” behavior. This other driver begins chasing you in your vehicle. It may be a defense that you were not racing the other driver but attempting to escape from a dangerous situation.
This defense draws a fine line of distinction as to whether you were engaged in “racing” (as opposed to drag racing) behavior under ARS 28-708(J)(2). That subsection includes in its definition of speed racing using your vehicle to outdistance another vehicle or to keep it from passing. So your defense would need to establish that the reason you were attempting to outdistance the other car was based on fear for your personal safety instead of criminal speeding.
Defenses like the police lacking reasonable suspicion to believe you were engaged in a speed offense or drag racing behavior, lacking probable cause to pull you over, failing to observe your Miranda rights, or filing an inaccurate police report are not defenses unique to a drag racing charge but may still apply in some situations.
Street racing is a serious crime under Arizona law.
Under this kind of speed conviction, you can face jail or prison time, have to perform community restitution, lose your driving privileges, pay mandatory fines even for a first offense, and have eight points added to your driving record.
A second offense that leads to a second conviction within two years will only make matters worse.
If you or someone you love has been accused or charged with drag racing in Arizona, contact Rosenstein Law Group for a free consultation today. Your case will be in the hands of an experienced attorney you can trust to conduct a strong defense for you from start to finish.
Call us at (480) 248-7666 or contact us online. We are available 24/7, every day.