Street Racing in Wisconsin: How a Race Becomes a Serious Crime

 Posted on September 04, 2025 in Criminal Defense

What starts as a quick engine rev at a stoplight or a challenge from another driver can go from harmless fun to serious criminal charges in mere seconds. Street racing can result in the loss of driving privileges, substantial fines, and even jail time. If another person is injured or killed, those charges can escalate to felony charges. While street racing may seem like a harmless traffic violation, it can often escalate into much more.   

While the state of Wisconsin has not yet enacted a single, comprehensive street racing law, in 2023, Wisconsin enhanced penalties for aggressive driving through AB 55. This increased jail time and prison time applies when aggressive driving results in bodily harm to someone other than the driver. Drivers who engage in street racing in the state can be charged with reckless driving, which carries penalties including potential jail time, fines, and license suspensions.

When bodily harm or death occurs as a result of aggressive driving, the driver can face time in prison. Some Wisconsin jurisdictions are also enacting laws to fine or charge spectators of street racing events. Understanding how the law views street racing is crucial if you are facing these allegations. Your best first step after being charged with street racing is to consult with a highly experienced criminal defense attorney.    

What is Considered Street Racing in Wisconsin?

Wisconsin does mention racing as a "prohibited or restricted act" under Wisconsin Statutes Section 346.94(2). The basic difference between speeding and street racing lies in intent and actions. Speeding involves exceeding the speed limit, while street racing is a competition between two or more vehicles, even when those vehicles are not exceeding the speed limit.

Police are looking for two cars that are side by side and accelerating quickly from a stop, or two cars driving next to each other on a long stretch on a two-lane road. This indicates to law enforcement that a race is taking place. The crucial element that distinguishes street racing from speeding is the competitive nature.  

What Are the Penalties for Wisconsin Street Racing?

The penalties for street racing will depend on the circumstances of the street race, as well as whether anyone was injured or killed during the event. A first offense for street racing could be charged as inattentive driving or reckless driving, which would likely result in fines, points on the individual’s driver’s license, and a possible suspension of the driver’s license.

In instances where someone was hurt or there was a high likelihood of injury to others, the driver could face jail time. If the street racing charges involve a repeat offense, excessive speed, racing near a school, or causing an accident, the penalties will increase and may even include prison time.

Street Racing and Reckless Endangerment Charges

Street racing can potentially result in reckless endangerment charges, specifically First-Degree Recklessly Endangering Safety, a Class F felony, or Second-Degree Recklessly Endangering Safety, a Class G felony with penalties of up to 12.5 years in prison. When an utter disregard for human life is shown, the charges will likely be first-degree, while second-degree charges involve criminally reckless behavior and up to 10 years in prison.

Defenses to Street Racing Charges in Wisconsin

A knowledgeable criminal defense lawyer may challenge radar evidence, eyewitness testimony, or dashcam footage. The attorney may argue intent, namely, whether the defendant was racing or just speeding. It may also be possible for an attorney to negotiate the charges down to a lesser offense that does not include jail time and may even avoid a license suspension.

Contact a Racine County, WI Traffic Violations Attorney

If you have been accused of street racing, you may be facing more than a simple traffic ticket.  You may be facing criminal charges that could have long-term consequences. A highly skilled Dodge County, WI criminal defense lawyer from Bucher Law Group, LLC will work hard to minimize the consequences of your charges.

Attorney Bucher has litigated some of the highest-profile, complex cases in the state during his career as a criminal defense attorney, following 20 years as the Waukesha County District Attorney. Call 262-303-4916 to schedule your free consultation.