By Criminal Defense Lawyer Jeremy Rosenthal
Yes, unless you are under 18 years old or are within 6 months of getting your driver’s license, or in a school zone.
Between 90 and 100 cities and municipalities have their own restrictions too which would tighten the law even more.
Here’s What Is Illegal
It’s illegal to “send or receive electronic messages” while driving — so that would include texting while driving, social media, or any way of transmitting a message to another person.
What Type of Crime is it to Text and Drive?
Normally it’s just a traffic offense. But if the driving is bad enough, it could be charged as reckless driving. If someone is hurt or injured, it could be prosecuted as an assaultive offense. If it causes death, it could be prosecuted as criminally negligent homicide or manslaughter.
Our office doesn’t handle simple traffic offenses — but we do handle more severe distracted driving charges. You can read here about those.
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He was designated as a Texas Super Lawyer by Martindale-Hubbell in 2019.