120+ more)
)
24+ years in personal finance writing
Plutus award winner
)
)
Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
Featured in
){kind=small}
){kind=small}
)
)
25 years teaching risk management and insurance course
Former commercial lines underwriter
Updated
It’s legal to wear headphones while driving in Texas if you’re 18 or older. But it’s not typically safe to wear headphones to listen to music, audiobooks, podcasts, or take a call when you’re behind the wheel.
While driving with headphones isn’t necessarily against the law, it’s illegal to drive while distracted or using hands-free devices in certain situations in Texas. Doing so could land you a ticket or even jail time. Laws may also vary by city.
Here’s what you need to know before you hit the road in the Lone Star State wearing headphones.
Liability rates start as low as $44 per month
With the exception of drivers younger than 18, Texas allows most drivers to use hands-free devices, like headphones, AirPods, or earbuds, while driving, per Texas Transportation Code 545.[1]
Texas law bans drivers from sending or receiving text messages while driving in all situations. Drivers also legally can’t make calls in school zones unless using a hands-free device or to notify the proper authorities of an emergency.
Certain Texas cities may also have even stricter regulations about cell phone use and distracted driving.
But wearing headphones while driving is dangerous, as it often leads to distracted driving — which is illegal in the state of Texas. For example, you could receive a distracted driving citation if wearing headphones resulted in you causing an accident.[2]
Situation | Does Texas Allow It? | What to Know |
|---|---|---|
| Wearing headphones while driving | Yes | Drivers older than 18 can use headphones as hands-free devices in most instances. |
| Wearing AirPods or earbuds while driving | Yes | Drivers older than 18 can use AirPods or earbuds as hands-free devices in most instances. |
| Texting while driving | No | Unless injury occurs, this misdemeanor offense carries a fine between $25 and $200, depending on whether it’s a repeat offense. |
| Wireless device use in a school zone | No | Drivers can use their device only when the vehicle is stopped or when using the device hands-free. |
| Headphone use that leads to unsafe driving | No | If a driver behaves recklessly in any way and causes injury or death, they face a fine of up to $4,000 and a jail sentence of up to one year. |
Even though it’s not illegal to drive in Texas while wearing headphones, it’s generally still not a safe idea. And a police officer could cite you with a ticket for distracted driving.
Below are some of the potential risks you face when you decide to operate a car while using headphones:
Reduced hearing: Headphones make it hard to hear what’s happening around you, which is dangerous while driving. You might miss crucial sounds, like car horns, sudden braking, shouting, or emergency vehicle sirens. This is especially true for headphones with noise cancellation.
Distracted driving: Wearing headphones while driving increases the chance of driving distracted. Listening to podcasts, talking on the phone, or fiddling with the volume or contacts may cause you to take your eyes off the road.[3]
Higher risk of accidents: While exact statistics aren’t available about the dangers of driving with headphones, data shows that distracted driving leads to crashes. In 2024, 3,208 people in the U.S. died in motor vehicle crashes that involved distracted driving, according to National Highway Traffic Safety Administration data.[4]
Wearing headphones when you drive may not violate Texas traffic laws, but it’s still a dangerous practice. Wearing them can potentially cause unsafe driving, delay your reaction time, and prevent you from hearing other drivers, pedestrians, or emergency vehicles. And if you’re wearing headphones and get in a car accident in the Lone Star State, you could face potential fines and criminal charges.
For example, distracted driving in Texas can result in a penalty of up to $200 and up to 30 days in jail, depending on the circumstances of the accident.
And since Texas is an at-fault state, you’ll also be liable for any injuries or damages, which could cause your car insurance rates to go up.[5]
If you’re involved in an accident with someone wearing headphones, try to document the other driver’s headphone use if it’s safe to do so at some point while you’re at the scene. You can then share that information with the responding authorities and your insurance company.
Here are some basic steps to take after the crash:
If someone has an injury or there’s lots of damage, call 911 immediately, and always pull the vehicle out of traffic if safe to do so. Consider filing a police report even if the accident was minor.
Share information with the other driver, including names, contact details, and insurance details.
Document what you can remember about the accident, time of day, weather conditions, and any other key details, including if the other driver was wearing headphones. Take photos and videos of the scene.
Next, contact your insurance company to file a claim. Be sure to let your insurance adjuster know that the other driver was using headphones while driving.
If you have an accident-related injury, talking to an accident attorney may be a good idea — especially if you feel you’re entitled to damages.
Since distracted driving is against Texas law, you may be able to collect damages if a driver wearing headphones hits you — especially if the crash caused serious injuries or a fatality.
A personal injury attorney can help you recover certain types of losses, including:
Lost wages and income from missed work
Loss of earning capacity due to injuries
Compensation for vehicle repairs
Medical expenses
Damage to personal property
Emotional distress
Pain and suffering
Check quotes from 120+ top insurance companies
Driving with headphones is a dangerous habit that could cause distracted driving, resulting in a ticket or a serious crash. Consider the answers to these commonly asked questions before getting behind the wheel in Texas with headphones.
In general, you can wear a Bluetooth headset or headphones while driving in Texas. But a law enforcement officer could still pull you over for using a hands-free device if you’re younger than 18, in a school zone, or using the device in other prohibited ways.
Wearing AirPods isn’t necessarily illegal. But a police officer could pull you over and give you a ticket for distracted driving. It’s generally safest to have both ears free of AirPods while driving so that you can hear what’s going on around you and keep your focus on the road.
In Texas, distracted driving is illegal. If law enforcement pulls you over for distracted driving and you have an earpiece in, or you get in an accident using headphones, you could face fines of up to $200 or serve up to 30 days in jail. If you cause a serious accident, the penalties could be up to $4,000 and one year of jail time.
At present, you can’t use headphones while behind the wheel in Alaska, California, Illinois, Louisiana, Maryland, Minnesota, Rhode Island, Virginia, or Washington.[6]
No. Drivers younger than 18 can’t wear headphones or use phones in any capacity while driving in Texas.
It depends on your insurance company and the details of your accident. If your use of headphones directly led to a car accident or unsafe driving, it may affect your insurance claim.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
24+ years in personal finance writing
Plutus award winner
Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
Featured in
25 years teaching risk management and insurance course
Former commercial lines underwriter
At Insurify, our goal is to help customers compare insurance products and find the best policy for them. We strive to provide open, honest, and unbiased information about the insurance products and services we review. Our hard-working team of data analysts, insurance experts, insurance agents, editors and writers, has put in thousands of hours of research to create the content found on our site.
We do receive compensation when a sale or referral occurs from many of the insurance providers and marketing partners on our site. That may impact which products we display and where they appear on our site. But it does not influence our meticulously researched editorial content, what we write about, or any reviews or recommendations we may make. We do not guarantee favorable reviews or any coverage at all in exchange for compensation.
