Texas Driving Laws Every Driver Needs To Know

You’re cruising down a Texas highway, windows down, music playing, when you see the flash of red and blue lights in your mirror. Your stomach drops. Was it the speed? Did you forget to signal? Were you in a school zone without realizing it?

Here’s the thing: Texas has a lot of driving laws on the books, and not knowing them doesn’t get you out of a ticket. Whether you’ve been driving in the Lone Star State for decades or you just moved here last month, there are rules every Texas driver needs to understand. Some of them have changed recently, and the fines for breaking them can hit your wallet hard.

This guide covers every major Texas driving law you should know, from speed limits and cell phone rules to DWI penalties and insurance requirements. Bookmark this one. You’ll want it handy.

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Speed Limits in Texas

Texas is a big state, and its speed limits vary quite a bit depending on where you’re driving. Here’s what you need to know.

Highway and Interstate Speed Limits

Most Texas highways have a posted speed limit of 65 to 75 mph. Some stretches of rural interstate allow 80 mph, and one toll road between Austin and San Antonio is posted at 85 mph, making it the highest speed limit in the entire country.

If there’s no posted sign, the default speed limit on highways outside urban areas is 70 mph during the day and 65 mph at night.

Residential and Urban Speed Limits

In urban districts, the default speed limit is 30 mph unless otherwise posted. Many neighborhoods and city streets are posted at 25 or 35 mph. Local governments can lower speed limits in residential areas when they determine the current limit is unsafe, though they can’t drop it below 20 mph.

School Zone Speed Limits

School zones are serious business. When the flashing lights are active (or during posted hours), speed limits drop to as low as 15 to 20 mph. Fines for speeding in a school zone are doubled, and courts do not look kindly on these violations.

If you’re not sure whether a school zone is active, slow down anyway. It’s not worth the risk.

Construction Zone Speed Limits

Construction zones typically have reduced speed limits posted on temporary signs. Texas law requires you to obey these reduced limits when workers are present, and fines for speeding in a construction zone can be doubled. More on construction zone rules below.

Cell Phone and Texting Laws

Texas takes distracted driving seriously, and the laws around phone use while driving have gotten stricter in recent years.

The Texting Ban

It is illegal to read, write, or send a text message while driving in Texas. This applies to all drivers, regardless of age. The law covers texting, emailing, and any other electronic messaging on a handheld device.

Hands-Free Requirements

Texas requires drivers to use hands-free technology when making calls behind the wheel. That means Bluetooth, speakerphone, or a headset. Holding your phone to your ear while driving can get you pulled over.

Many cities across Texas, including Austin, San Antonio, and El Paso, have local ordinances that go even further than the state law, so check the rules wherever you’re driving.

Penalties for Violations

A first-time texting-while-driving offense carries a fine of $25 to $99. A second or subsequent offense bumps that up to $100 to $200. If a texting violation causes a crash that results in serious injury or death, you could face a fine of up to $4,000 and even jail time.

Under-18 Restrictions

If you’re under 18, the rules are even tighter. Texas bans all cell phone use for drivers under 18, including hands-free calls, except in emergencies. No exceptions.

The Move Over / Slow Down Law

This is one of the most important Texas driving laws, and one that a lot of drivers still get wrong.

When you see an emergency vehicle, tow truck, TxDOT vehicle, or utility vehicle stopped on the side of the road with its lights flashing, you are required by law to either:

• Move over one lane away from the stopped vehicle (if you can do so safely), or
• Slow down to 20 mph below the posted speed limit (or 5 mph if the limit is below 25 mph)

Since September 2025, this law also covers vehicles driven by animal control officers and parking enforcement employees.

Penalties

The fines for violating the Move Over / Slow Down law are steep. A first offense can cost you $500 to $1,250. If you cause serious bodily injury, the charge escalates to a Class A misdemeanor, and repeat injury-related offenses can be charged as a state jail felony with fines up to $4,000 and possible jail time.

This law exists to protect the people who keep our roads safe. Take it seriously.

Seat Belt and Child Restraint Laws

Texas law requires every person in a vehicle to wear a seat belt. It’s a primary enforcement law, meaning an officer can pull you over just for not wearing one. The fine for an adult seat belt violation starts at $25 but can go up to $200 with court costs.

Child Safety Seat Requirements

The rules for children are more specific:

• Children under 8 years old (or shorter than 4’9″) must be secured in an appropriate child safety seat.
• Infants and toddlers under 2 should ride in a rear-facing car seat until they outgrow the manufacturer’s height or weight limit.
• Children over 2 who have outgrown the rear-facing seat should use a forward-facing car seat with a harness.
• Booster seats should be used until the child is at least 4’9″ tall and the vehicle seat belt fits properly, which is typically between ages 8 and 12.

Fines for violating the child restraint law range from $25 to $250. But the real reason to follow these rules isn’t the fine. It’s your child’s safety.

Right-of-Way Rules

Right-of-way mistakes cause a huge number of accidents in Texas. Here are the basics:

• At a four-way stop, the first vehicle to arrive goes first. If two vehicles arrive at the same time, the one on the right has the right of way.
• You must yield to pedestrians in crosswalks, whether marked or unmarked.
• When entering a highway from a ramp, you must yield to traffic already on the highway.
• At an uncontrolled intersection (no signs or signals), yield to the vehicle on your right.
• Emergency vehicles with lights and sirens always have the right of way. Pull over to the right and stop.

Failure to yield the right of way is one of the top causes of intersection crashes in Texas. Don’t assume the other driver sees you. When in doubt, wait.

DUI / DWI Laws and Penalties

Texas has some of the toughest DWI laws in the country. Here’s what you’re looking at if you get caught driving while intoxicated.

Legal Limits

• Adults 21 and over: 0.08% BAC
• Commercial drivers: 0.04% BAC
• Under 21: Any detectable amount of alcohol is illegal

Keep in mind that you can be arrested for DWI even if you blow under 0.08%. If an officer determines you’re impaired based on your behavior, that’s enough for an arrest.

First Offense Penalties

A first DWI is a Class B misdemeanor in Texas. Penalties include:

• Fine of up to $2,000
• Jail time from 72 hours to 180 days
• License suspension for 90 days to 1 year
• A mandatory DWI Education Program (12 hours)
• Community service (typically 24 to 100 hours)
• Possible ignition interlock device

If your BAC was 0.15% or higher, the charge is elevated to a Class A misdemeanor with up to one year in jail and higher fines.

Second and Third Offenses

Penalties escalate dramatically with each subsequent offense. A second DWI carries fines up to $4,000 and up to a year in jail. A third DWI is a felony with fines up to $10,000 and 2 to 10 years in prison.

The bottom line: don’t drink and drive. The consequences in Texas are life-altering.

Insurance Requirements

Driving without insurance in Texas is illegal, and the state recently updated its minimum coverage requirements.

Minimum Liability Coverage

As of January 1, 2026, Texas requires all drivers to carry at least:

• $50,000 for bodily injury or death per person
• $100,000 for total bodily injury or death per accident
• $40,000 for property damage per accident

These are commonly referred to as 50/100/40 limits. If you had a policy before January 2026, your old 30/60/25 coverage applied until your policy renewal, at which point your insurer updated you to the new minimums.

Penalties for No Insurance

Getting caught without insurance can result in a fine of $175 to $350 for a first offense. You may also have your vehicle impounded and your registration suspended. A second offense jumps to fines up to $1,000, plus possible license suspension.

You’re required to carry proof of insurance any time you drive. Keep your insurance card in your vehicle or have digital proof on your phone.

Passing and Lane Change Laws

Improper passing and unsafe lane changes lead to serious accidents. Texas law requires the following:

• Signal before every lane change. Use your turn signal at least 100 feet before changing lanes on roads with speed limits of 30 mph or less. On faster roads, signal even earlier.
• Only pass on the left on two-lane roads, and only when you can see far enough ahead to do it safely.
• Never pass in a no-passing zone. These are marked with solid yellow center lines.
• Don’t exceed the speed limit while passing another vehicle. Yes, even while passing, the speed limit still applies.
• Check your blind spots. Texas doesn’t have a specific law about blind spot checks, but failure to ensure a safe lane change can result in a citation for unsafe lane change.

School Bus Stop Laws

Passing a stopped school bus is one of the most heavily penalized traffic violations in Texas, and for good reason.

When a school bus has its red flashing lights on and its stop sign extended, you must stop. This applies to traffic in both directions on an undivided road. The only exception is if you’re on the opposite side of a divided highway (with a physical median or barrier).

Penalties

• First offense: A fine of $500 to $1,250
• Second offense within 5 years: A fine of $1,000 to $2,000, plus possible license suspension for up to 6 months
• If someone is seriously injured: The charge becomes a Class A misdemeanor or even a state jail felony for repeat offenders

Children’s lives are at stake. Always stop for a school bus.

Construction Zone Rules

Texas takes construction zone safety very seriously, and the penalties reflect that.

When you’re driving through a work zone, you need to:

• Obey the posted speed limit. Construction zones often have reduced speed limits that are strictly enforced.
• Stay alert. Put your phone away, turn down your music, and watch for workers, equipment, and lane shifts.
• Merge early. Don’t wait until the last second to merge when a lane is closing.
• Follow the signs. Temporary signs and barrels mark the safe path through the zone.

Fines for traffic violations in construction zones can be doubled when workers are present. If you cause an injury or death in a construction zone, the penalties are severe, including potential felony charges.

What Happens When You Break Texas Driving Laws

So what actually happens when you get caught breaking one of these laws? Here’s the general process:

Fines and Court Costs

Texas traffic tickets come with a base fine plus court costs and fees that can add up quickly. A speeding ticket that looks like a $150 fine on the ticket can easily cost $250 to $400 once everything is added up.

Points on Your Driving Record

Texas uses a point system for moving violations. Most violations add 2 points to your driving record. A conviction that involves a crash adds 3 points. If you accumulate 6 or more points within 3 years, you’ll face surcharges on top of your fines.

License Suspension

Certain violations can lead to license suspension, including DWI convictions, accumulating too many points, failing to maintain insurance, and failing to appear in traffic court.

Insurance Rate Increases

Even a single ticket can cause your insurance premiums to go up for three to five years. Multiple violations can make you a high-risk driver, which means significantly higher rates.

How Defensive Driving Can Help

Here’s the good news: if you’ve received a traffic ticket in Texas, you may be able to take a defensive driving course to dismiss the ticket and keep it off your record.

Texas courts allow eligible drivers to take a TDLR-approved defensive driving course to dismiss most traffic violations. When you complete the course, the ticket doesn’t go on your record, you avoid the points, and you keep your insurance rates from going up.

You’re eligible if:

• You have a valid Texas driver’s license
• You haven’t taken a defensive driving course to dismiss a ticket in the last 12 months
• The violation wasn’t in a construction zone with workers present (in most cases)
• The offense wasn’t a serious violation like DWI

Our course at The Safer Driver is TDLR-approved, 100% online, and costs just $25. You can complete it from your couch, your office, or anywhere with an internet connection. It’s the easiest and most affordable way to handle a Texas traffic ticket.

Frequently Asked Questions

What is the maximum speed limit in Texas?

The highest posted speed limit in Texas is 85 mph, found on a stretch of State Highway 130 between Austin and San Antonio. Most rural interstates are posted at 75 to 80 mph, while urban highways typically range from 60 to 70 mph.

Can I use my phone while driving in Texas?

You can use your phone hands-free while driving in Texas, such as through Bluetooth or speakerphone. However, it is illegal to hold your phone to text, email, or browse while driving. Drivers under 18 cannot use a phone at all while driving, even hands-free.

What are the penalties for a first DWI in Texas?

A first-time DWI in Texas is a Class B misdemeanor. You face a fine of up to $2,000, jail time of 72 hours to 180 days, license suspension for 90 days to a year, mandatory DWI education, and community service. If your BAC was 0.15% or higher, penalties increase significantly.

What are the minimum car insurance requirements in Texas?

As of 2026, Texas requires at least $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $40,000 for property damage. This is commonly written as 50/100/40. Driving without insurance can result in fines, vehicle impoundment, and registration suspension.

Can I dismiss a speeding ticket with defensive driving in Texas?

Yes, in most cases. If you’re eligible, a Texas court can allow you to take a TDLR-approved defensive driving course to dismiss a speeding ticket. The ticket stays off your record, you avoid points, and your insurance rates are protected. You can only use this option once every 12 months.

What happens if I pass a school bus in Texas?

Passing a stopped school bus with its red lights flashing and stop sign extended is a serious offense in Texas. First-time fines range from $500 to $1,250. A second offense within five years can cost $1,000 to $2,000 with possible license suspension. If someone is injured, it becomes a criminal charge.

Ready to Dismiss Your Texas Traffic Ticket?

Our TDLR-approved online defensive driving course is just $25. 100% online, accepted by every Texas court, instant certificate.

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