Texas takes road safety seriously, especially regarding distracted, drowsy and impaired driving.
Although many people know the basics of Texas’ DUI (driving under the influence) laws, fewer are aware of the state’s comprehensive approach to various forms of driver distraction and impairment.
Distracted Driving in Texas: What’s Prohibited?
Texting and Phone Use
Since 2017, Texas has implemented a state-wide ban on texting while driving. This means that drivers cannot use their phones to write, read or send electronic messages, emails or other texts while operating a vehicle. Violators face fines starting at $25 to $99 for the first offense, with higher fines and penalties for repeat offenders. If a driver causes an accident or fatality due to texting while driving, they could also face more severe fines and criminal charges.
In addition to this statewide restriction, some local ordinances in cities like Austin, San Antonio, and El Paso are even stricter. In these cities, using a phone for any handheld purpose while driving is prohibited. To avoid confusion, it’s best to use a hands-free or Bluetooth device or pull over if you need to make a call while driving through these areas.
Restrictions for Novice Drivers
Texas is particularly strict with drivers under 18 and those with learner’s permits. These drivers are not allowed to use handheld or hands-free devices while driving, even with Bluetooth. They’re also prohibited from using mobile devices during the first 6 months of having their license. The goal is to limit distractions for new drivers and encourage safe driving habits from the start.
School and Construction Zones
Texting and handheld device use are strictly forbidden in school zones and active construction zones. Texas law enforces a zero-tolerance policy in these areas to protect children, pedestrians and road workers. Even for adults, if you’re caught texting in a school zone, you could face severe fines and points on your driving record. To stay safe and avoid penalties, keep your phone out of reach in these areas.
Drowsy Driving: Texas’ Approach to Tired Drivers
Drowsy driving can be as dangerous as driving under the influence, and Texas has recognized this risk. Though the state doesn’t have specific “drowsy driving” laws, driving while fatigued can still lead to liability in accidents.
Texas Law on Drowsy Driving Accidents
If a driver falls asleep or is otherwise impaired by fatigue and causes an accident, they can be held legally responsible for damages and may face negligence charges. While drowsy driving isn’t a criminal offense on its own, a driver who causes an accident due to drowsiness could face penalties akin to those for reckless driving, especially if serious injuries occur.
Campaigns and Awareness Programs
The Texas Department of Transportation (TxDOT) actively runs awareness campaigns like “Drive Clean Texas” and “Don’t Drive Drowsy” to inform drivers of the dangers of fatigue on the road. These campaigns emphasize the importance of regular breaks during long drives, especially on Texas’ vast rural highways, where services may be few and far between.
Drunk Driving: Strict DUI Laws in Texas
Legal Blood Alcohol Concentration (BAC) Limits
Texas sets a BAC limit of 0.08% for drivers over 21. For commercial drivers, the limit is even lower at 0.04%, and for drivers under 21, Texas has a zero-tolerance policy, meaning any detectable amount of alcohol in their system can result in penalties.
Penalties for DUI
The penalties for driving under the influence in Texas are severe and increase with each offense. A first offense can result in three to 180 days in jail, a fine of up to $2,000 and the suspension of driving privileges for up to a year. Repeat offenders are at risk of higher fines, longer suspension periods and jail time, and could ultimately lead to felony charges.
In addition to the immediate penalties, Texas requires those convicted of DUI to attend alcohol education classes and may mandate the installation of an ignition interlock device (IID) on the offender’s vehicle. An IID requires the driver to pass a breathalyzer test before the car will start, reducing the likelihood of repeat offenses.
Implied Consent and Blood Draws
Texas has an implied consent law, meaning that by driving on Texas roads, drivers agree to submit to a breathalyzer or blood test if pulled over on suspicion of DUI. Refusing to take these tests can result in an automatic suspension of the driver’s license, even if they are ultimately found not guilty of DUI.
Texas has streamlined the warrant process, allowing law enforcement to quickly obtain a warrant for a mandatory blood draw if the driver refuses a test, often within minutes.
Open Container Law
Texas also enforces an open container law, which prohibits open alcoholic beverages in any part of the vehicle accessible to the driver or passengers. This applies to all occupants of the vehicle, and violators can face fines even if the driver isn’t actively under the influence. For travelers unfamiliar with this law, it’s best to keep any alcohol in the trunk or another sealed compartment.
Victim of a Car Crash in Houston? Contact the Weycer Law Firm Today!
If you or a loved one has been injured in a distracted or impaired driving accident, seek experienced legal help with our auto accident personal injury team at Weycer Law Firm.
Contact us today to discuss your case or give us a call at (713) 668-4545 and let us provide the support you need to move forward confidently.