Texting and Driving in Texas

Driving becomes second nature after a few years behind the wheel and most drivers become easily distracted while operating their vehicles. It only takes a second of distracted driving for an accident to happen that could change your whole life. In 2019, there were 377 people killed in crashes involving distracted driving in Texas alone. On September 1st, 2017, texting and driving was made illegal in Texas and currently every state prohibits the use of a cell phone while driving except for Montana and Missouri.

Distracted driving is defined as “any activity that takes your attention away from driving. Distractions can include anything from texting and talking on a mobile phone to eating and drinking, putting on makeup, shaving, reading, programming a navigation system, watching a video and even adjusting the radio.”

Texting is easily one of the most dangerous things you can do while operating any vehicle. It takes the driver’s eyes off the road, their hands away from the steering wheel and their focus shifts to their phones. The Texas texting while driving law prohibits the use of handheld electronic devices for sending, reading or writing messages behind the wheel. The law includes texting as well as emails, instant messages, Facebook chats and other forms of text communication.

What are the exceptions to the Distracted Driving Laws in Texas?

• • Drivers under 18 and adults with learner’s permits are permitted to use wireless devices for making emergency calls to the following:
    • Emergency response service
    • Hospital
    • Fire department
    • Health clinic
    • Medical doctor’s office
    • Individual to administer first aid treatment
    • Police department
  • Texting is permitted only when using voice-to-text hands-free technology.
  • Using GPS or other navigation systems is permitted.
  • Drivers can use their devices for the purpose of playing music.
  • The state’s distracted driving laws do not apply to drivers who are operating an authorized emergency vehicle and using their device while acting in an official capacity.

How does Texas enforce the Distracted Driving Laws?

Primary enforcement: Police can pull you over if they see you violating state distracted driving laws.

Secondary enforcement: Police can cite you for violating distracted driving laws only if you break another law while doing so.

In Texas we use primary enforcement, meaning the police officer does not need another reason to stop the driver. Having a reasonable suspicion of texting while driving is enough.

Penalties for Distracted driving laws in Texas.

1st offense: $25 to $99
2nd and following offense: $100 to $200

There’s also an additional amount for court costs and fees. Anyone convicted of texting and driving who happened to also cause serious injury or death to others may face one year in jail and a fine of up to $4,000.

There are some debates regarding the effectiveness and enforceability of these laws but data shows that do deter drivers from texting and driving. Distracted drivers are 5.36 times more likely to cause a car crash than other drivers. That text can wait, Drive Safe!