Driving Laws in Texas (2026): Rules That Hit Your Wallet Hard
Most people don’t realize how much Texas driving laws changed this year. Seriously. The penalties got stricter, the fines got bigger, and one mistake could cost you way more than just a ticket. Let’s break down exactly what you need to know to stay safe and legal on Texas roads.
What Makes Texas Driving Laws Different?
Texas has always been tough on bad drivers. But in 2025 and 2026, lawmakers went all in on making the roads safer. They added new penalties. They closed loopholes. They made it way harder to get away with risky behavior behind the wheel.
Here’s the deal. These aren’t just suggestions. They’re actual laws with real consequences. And the state is serious about enforcing them.
No More Safety Inspections (But There’s a Catch)
Starting January 1, 2025, most Texas drivers don’t need annual safety inspections anymore. Yep, that’s one less errand on your to-do list. But before you celebrate too much, know this: you still have responsibilities.
You’re still required to keep your vehicle safe. Broken headlights, bad brakes, worn-out tires? Those are still illegal. You just won’t get checked automatically every year. The state expects you to handle it yourself.
Who Still Needs Inspections?
Not everyone gets off that easy. Commercial vehicles still need full safety inspections. Trucks, buses, delivery vans – they all have to pass.
Also, emissions testing didn’t go anywhere. If you live in certain counties, you still need to get tested. That includes Harris, Dallas, Tarrant, Travis, and several others. Bexar County will be added to the list of counties requiring emissions tests in 2026.
Hold on, this part is important. Even without inspections, you’re paying a $7.50 “inspection program replacement fee” when you register your vehicle. For new vehicles, that fee jumps to $16.75 for the first two years.
Paper Tags Are Gone (Finally)
Remember those flimsy paper license plates? The ones criminals used to print fake tags? They’re done. As of July 1, 2025, all car dealers must use metal temporary tags through the webDEALER system.
This is actually huge for accident victims. For years, hit-and-run drivers with fake paper tags were impossible to track down. CBS News Texas first started investigating the issue in 2017. At the time, Dallas County authorities told us 90% of the paper license plates on the streets were fraudulent.
Now? Every temporary tag leaves a paper trail. That makes it way easier to find someone who causes a crash and takes off.
Speeding Will Cost You Big Time
Texas doesn’t mess around with speeding. Even going a few miles over the limit can get you pulled over. And the fines? They add up fast.
How Much Will You Pay?
The exact fine depends on where you are and how fast you were going. But here’s what you’re looking at in most places:
Going 1-10 mph over the limit costs around $150 to $225. That includes court costs. Going 15-20 mph over? Expect to pay $250 to $300. And if you’re flying at 25 mph or more over the limit, you’re looking at $300 to $500 or more.
Sound complicated? It’s actually not. The faster you go, the more you pay. Pretty straightforward.
School Zones and Construction Zones Hit Harder
Got caught speeding in a school zone? Add another $20 to $50 to your fine. Construction zones with workers present? Same deal. The state wants drivers to slow down where people are most vulnerable.
Wondering if this applies to you? If you see those flashing lights or reduced speed signs, yes. It applies.
When Speeding Becomes Criminal
Most speeding tickets are Class C misdemeanors. Maximum fine of $500. But things get serious fast under certain conditions.
Going 25 mph or more over the limit can bump you up to a Class B misdemeanor. That means possible jail time up to 180 days and fines up to $2,000. Reckless driving? Same penalties.
If you’re driving over 85 mph anywhere in Texas, or more than 20 mph over in residential areas, that’s considered criminal speeding. The consequences go way beyond just a ticket.
Okay, pause. Read this carefully. If your speeding causes serious injury or death, you could face felony charges. We’re talking years in prison and fines up to $10,000 or more.
DWI Laws Got Way Tougher
Texas already had strict DWI laws. In 2025 and 2026, they made them even harsher. The message is clear: don’t drink and drive.
What Counts as DWI?
In Texas, you’re legally intoxicated at 0.08% blood alcohol concentration (BAC). But here’s something most people don’t realize: you can get arrested with a lower BAC if alcohol or drugs affect your driving.
For drivers under 21, Texas has zero tolerance. Any detectable amount of alcohol can lead to charges. Even one beer.
First Offense Penalties
A first-time DWI is a Class B misdemeanor. You’re looking at fines up to $2,000, possible jail time from 3 days to 180 days, and license suspension up to one year.
But wait, there’s more. Under the 2025 legal updates: Ignition interlock devices may now be required for a first offense if the BAC was .08 or higher. That’s a breathalyzer in your car that won’t let you start the engine if you’ve been drinking.
You’ll also need to complete a DWI education program. Insurance rates? They’re going through the roof. We’re talking thousands of dollars more per year.
Second and Third Offenses
A second DWI is a Class A misdemeanor. Fines jump to $4,000. Jail time ranges from 30 days to one year. License suspension goes up to two years.
Third DWI? That’s a third-degree felony. If convicted, you could face penalties which may include fines up to $10,000, prison time from 2 to 10 years, and license suspension up to two years.
Special Circumstances Make It Worse
Got caught with a BAC of 0.15 or higher? That triggers enhanced penalties right away. Longer jail time, bigger fines, extended ignition interlock requirements.
Driving drunk with a child under 15 in the car? That’s a state jail felony. 180 days to 2 years in jail, plus up to $10,000 in fines. The state takes child endangerment very seriously.
Here’s where it gets interesting. A DWI in a school crossing zone is now considered a state jail felony rather than a misdemeanor. This change took effect September 1, 2025. The penalties reflect how dangerous impaired drivers are to children.
The Administrative Side
When you get arrested for DWI, two things happen. You face criminal charges in court. And the Department of Public Safety starts an Administrative License Revocation (ALR) process.
These are separate. You can lose your license through ALR even if you beat the criminal charge. You have only 15 days to request an ALR hearing. Miss that deadline and your license gets suspended automatically.
Distracted Driving Laws Are Everywhere
Texas banned texting while driving back in 2017. But the rules have gotten more specific since then. And the enforcement has gotten stricter.
What You Can’t Do
Reading, writing, or sending any electronic message while driving is illegal. That includes texts, emails, social media posts – anything. The only exception is if your vehicle is completely stopped.
Using a handheld device in a school zone is illegal. Period. Even if you’re just talking on the phone. Using any handheld device in your vehicle in a school zone is illegal.
Drivers under 18 can’t use wireless devices at all while driving. No calls, no texts, no GPS. Nothing. Even hands-free devices are off limits until they turn 18.
New Drivers Face Total Bans
New drivers with learner’s permits can’t use cell phones for the first six months of driving. This applies to any cell phone use – not just texting. No music, no GPS, nothing.
The reason makes sense. According to the Texas Municipal Courts Education Center, 16% of all drivers under 20 involved in fatal crashes were driving while distracted. Young drivers are the most at-risk group.
Trust me, this works. After six months, you can start using hands-free devices if you’re over 18. Until then, just wait.
What You CAN Do
Using GPS is allowed if you set it up before driving. Hands-free phone calls are legal for adults outside school zones. Voice-to-text features are okay as long as you’re not holding the phone.
Reporting emergencies is always allowed. If you need to call 911, do it. You won’t get a ticket for that.
The Penalties
First offense for texting while driving? $99 fine. Second offense? $200. Seems manageable, right?
Not so fast. If your texting causes serious injury or death, that’s a Class A misdemeanor. Up to $4,000 in fines and one year in jail. Plus, your insurance rates will skyrocket.
Don’t worry, we’ll break down step by step what to do if you get a ticket later.
Move Over, Slow Down (Or Pay Big)
The “Move Over, Slow Down” law has been around. But in 2025, Texas expanded it and cranked up enforcement.
Who Does It Apply To?
When you see flashing lights on the side of the road, you must move over or slow down. This used to only apply to police and emergency vehicles.
Now it includes tow trucks, garbage trucks, utility workers, TxDOT crews, animal control, and even parking enforcement. Basically, if there are flashing lights and someone working on the side of the road, the law applies.
What You Need to Do
If you can safely move over to another lane, do it. If you can’t move over, slow down to 20 mph below the posted speed limit. On roads with speed limits under 25 mph, slow down to 5 mph.
In total, officers stopped more than 7,687 vehicles during the 12-hour operation. This included 1,326 drivers who were pulled over for Move Over, Slow Down violations, resulting in 1,013 warnings and 580 citations during a single multi-state enforcement day in May 2025.
They’re watching. And they’re writing tickets.
The Fines
First offense? Fines that can climb to $1,250. That’s not a typo. One thousand, two hundred and fifty dollars.
If your failure to move over causes an accident or injury, you’re looking at even bigger penalties. Criminal charges are possible.
Honestly, this is the part most people miss. The fine alone is steep. But if something goes wrong, you could face way more than just money.
Dynamic Speed Limits Are Now a Thing
Here’s something new. Local TxDOT engineers can now temporarily change speed limits during bad weather. Ice, heavy fog, rain – whatever makes driving dangerous.
The law came from the tragic 2021 Fort Worth pile-up involving 133 vehicles that killed six people. The idea is to slow everyone down before crashes happen.
The reduced speed limit can’t be more than 10 mph below the regular limit. And it only applies when signs are posted. So pay attention to those electronic signs.
Unsecured Loads Will Get You
Know those videos of furniture flying off trucks on the highway? Texas is cracking down.
If you don’t properly secure your load and you know it’s not secure, that’s a Class C misdemeanor. Fines up to $500. If your unsecured load causes an accident? The penalties go way up.
Makes sense, right? A mattress flying off a pickup at 70 mph can kill someone. The state wants you to tie down your stuff properly.
Insurance Verification Is Automatic
Texas uses something called TexasSure. It’s an electronic system that checks if you have insurance when you try to renew your registration.
No insurance? Your renewal gets denied. You can’t just skip it anymore. And if you get caught driving without insurance, you’re facing fines up to $1,000, license suspension, and potential jail time.
Basically, maintaining continuous insurance is more important than ever. The system catches gaps automatically.
License Requirements Are Getting Digital
The state is pushing hard toward digital services. In 2026, more driver license transactions are moving to the Texas by Texas (TxT) digital platform.
You’ll need a TxT account for most DMV stuff. The days of doing everything in person are fading. Get familiar with the system now, or you’ll have a harder time later.
Real ID requirements are still in effect. That black star on your license? You need it for federal buildings and domestic flights.
How to Stay Out of Trouble
Let’s talk about what you should actually do to avoid all these penalties.
First, maintain your vehicle. No inspections doesn’t mean no responsibility. Check your lights, brakes, and tires regularly.
Second, never text and drive. Ever. Just pull over if it’s that important. It’s not worth the fine or the risk.
Third, if you’re going to drink, don’t drive. Get an Uber. Call a friend. Sleep on someone’s couch. A DWI will cost you thousands of dollars and potentially your freedom.
Fourth, slow down in work zones and move over for emergency vehicles. The fines are massive and the law is strictly enforced.
Fifth, keep insurance current. The state checks automatically now. Don’t try to skip it.
What Happens If You Get a Ticket
Got a ticket? Here’s what to do.
You have options. You can pay the fine, fight it in court, or take a defensive driving course to get it dismissed (if you’re eligible).
For most minor violations, taking defensive driving is your best bet. It keeps the ticket off your record and prevents insurance increases. But you can only do it once a year, and some violations don’t qualify.
If you’re facing serious charges like DWI or reckless driving, talk to a lawyer immediately. These cases can wreck your life if you don’t handle them right.
Special Rules for Teen Drivers
If you’re under 18 or just got your license, extra rules apply to you. No cell phone use at all for the first six months. Not even hands-free.
Even after six months, you can’t use handheld devices until you turn 18. And you’re subject to stricter penalties for any violations.
Teen drivers also face Graduated Driver License (GDL) requirements. There are restrictions on when you can drive and who can be in the car. Follow them. Getting caught violating GDL rules can delay getting your full license.
Commercial Drivers Face Stricter Standards
Drive a truck, bus, or other commercial vehicle? Everything is stricter for you.
You still need annual safety inspections. You’re held to higher standards for DWI (0.04% BAC instead of 0.08%). And your license is your livelihood, so violations hit harder.
Commercial drivers also can’t take defensive driving to dismiss certain tickets. If you drive for work, be extra careful.
Frequently Asked Questions
Can I talk on my phone while driving in Texas?
Yes, for most adults outside school zones. But many cities have local laws that ban handheld devices completely. And if your phone call leads to an accident, you can still be charged with distracted driving.
How long does a DWI stay on my record in Texas?
Forever. Texas doesn’t allow DWI convictions to be expunged from your criminal record. They stay there for life.
What happens if I refuse a breathalyzer test?
Your license gets suspended automatically for at least 180 days. And police can still get a warrant to draw your blood. Refusing doesn’t help you avoid a DWI charge.
Can I get a traffic ticket dismissed?
Maybe. If you’re eligible for defensive driving and it’s been at least a year since your last ticket, you can get many violations dismissed. But serious charges like DWI or reckless driving don’t qualify.
Are red light cameras legal in Texas?
Not anymore. Texas banned red light cameras in 2019. But you can still get ticketed by police officers for running red lights.
Final Thoughts
Texas driving laws in 2026 are stricter than ever. The fines are higher. The enforcement is tighter. And the consequences for mistakes can be severe.
But here’s the good news: if you drive responsibly, none of this should affect you. Follow the speed limit. Don’t drink and drive. Keep your phone down. Move over for emergency vehicles. Maintain your insurance.
Do those things and you’ll be fine. Mess up and the state will hit your wallet hard.
Stay safe out there. And when in doubt, slow down and put the phone away. It’s really that simple.
References
- Texas Department of Public Safety – Vehicle Safety Inspection Changes (https://www.dps.texas.gov/news/vehicle-safety-inspection-changes-take-effect-january-2025)
- Texas Transportation Code – Distracted Driving Laws (https://www.txdot.gov/safety/driving-laws/texting-cellphone-laws.html)
- Texas Department of Transportation – Impaired Driving Penalties (https://www.txdot.gov/safety/driving-laws/impaired-driving.html)
- NBC DFW – 2025 Vehicle Laws (https://www.nbcdfw.com/news/local/texas-news/two-new-2025-vehicle-laws/3721603/)
- Texas Legislature – September 2025 Laws (https://www.khou.com/article/news/local/texas/new-texas-laws-september-1-2025-crime-education/285-2974fa10-e304-4b4e-a756-2e99a21a5133)