Law & Legal & Attorney Government & administrative Law

Driving Laws in Texas

    Driver's License

    • First-time adult applicants for a Texas driver's license must pass the state's vision, written and driving examinations. An applicant who owns a vehicle must provide proof of Texas vehicle registration and liability insurance. Applicants must also provide proof of identity, Social Security number and lawful status in the United States. A driver under age 85 must renew his license every six years; the renewal period for drivers age 85 and older is two years.

    Young Drivers

    • The Texas Graduated Driver License (GDL) program establishes a two-phase system for licensing drivers under age 18. The first phase of the system requires applicants under age 18 to hold an instruction permit or a Minors Restricted Driver License (hardship license) for six months before issuance of a provisional driver's license. The driver must also complete the classroom and driving parts of a driver education program before being permitted to move on to the next phase of the licensing system. During the second phase, the driving privileges of an individual under age 18 are restricted during the first six months after he is issued a provisional driver's license. A minor may not drive a vehicle with more than one passenger under age 21 who is not a family member. A minor is also barred from driving between midnight and 5 a.m. unless driving is necessary for work or school purposes, or because of a medical emergency. In addition, a minor may not drive while using a cell phone.

    Driver Responsibility Program

    • The Texas Driver Responsibility program establishes a point system for certain moving violations. The program also requires drivers who have committed these moving violations to pay a surcharge. Two points are assigned for a moving violation conviction, and three points are assigned for a moving violation that resulted in a vehicle accident. Two points are also assigned for child safety seat violations. If a driver receives six or more points, the Texas Department of Public Safety will assess a surcharge of $100 for the first six points and $25 for each additional point. Drivers with certain types of convictions on their records, such as driving while intoxicated, will be assessed an annual surcharge for three years.

    Suspension

    • Convictions for some types of offenses will lead to mandatory suspension of a Texas driver's license. These offenses include, for example, failing to stop and render aid, driving while intoxicated, drug offenses, evading arrest, driving with an invalid license, and displaying fictitious license plates, registration certificate or safety inspection sticker. In addition, the Department of Public Safety has authority to invoke an administrative suspension for other types of offenses, such as habitual reckless or negligent driving, repeated violations of traffic laws, driving while license suspended, and causing a serious accident while driving a vehicle.

    Driving While Intoxicated

    • Texas law provides provides penalties for driving while intoxicated (DWI). The first offense is subject to a fine of up to $2,000, a jail sentence of not less than 72 hours nor more than 180 days, and driver's license suspension for 90 to 365 days. A court may offer probation for the jail sentence and waive the driver's license suspension for the first offense. The penalties for a second DWI conviction are a fine of up to $4,000, a jail sentence of 30 days to one year, and driver's license suspension for 180 days to two years. A third DWI conviction will result in a fine of up to $10,000, imprisonment for two to 10 years, and a driver's license suspension for 180 days to two years. A DWI offense with a child passenger under age 15 will lead to a fine of up to $10,000, and a jail sentence of 180 days to two years.

    Zero Tolerance for Minors

    • The Texas "zero tolerance for minors" program applies to drivers under age 21. If a driver of this age has in his system any detectable amount of alcohol while driving a vehicle, the driver has committed the offense of driving under the influence of alcohol by a minor (DUI by a minor). Texas law provides for various levels of fines, driver's license suspension, community service and attendance at alcohol awareness classes, depending upon the age of the driver and the number of repeated DUI offenses.

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