Driving Tests

Texas Teen Driver Penalties: Phone, Curfew, Passengers, Alcohol

informational·how to guide·Published July 14, 2026

What happens if a Texas driver under 18 breaks the phone, curfew or passenger rules?

A Texas driver under 18 who uses a phone while driving, even hands-free, commits a misdemeanor with a fine of $25 to $99, or $100 to $200 after an earlier conviction. Texas also bans driving from midnight to 5 a.m. (with exceptions) and carrying more than one non-family passenger under 21. Two or more moving-violation convictions within 12 months can cost the license.

Where the Texas teen driver penalties come from

The phone, curfew and passenger rules are in Transportation Code section 545.424. The Texas Department of Public Safety (DPS) lists the limits on its provisional license page. The alcohol penalties for minors are in Alcoholic Beverage Code section 106.041 and the Texas Driver Handbook (DL-7, revised January 2026). License suspensions come from Transportation Code sections 521.292 and 521.342, and the general traffic penalty from sections 542.301 and 542.401. This guide is current as of 2026. Confirm the rules with the Texas Department of Public Safety (dps.texas.gov) before you drive.

Texas rules for drivers under 18, and what a conviction costs

Texas rules for drivers under 18, and what a conviction costs
Rule	What Texas bans	Penalty
Phone	Any wireless communication device while driving, hands-free too, except in an emergency	Misdemeanor, fine of $25 to $99 (U.S. dollars). After one earlier conviction: $100 to $200.
Curfew	Driving from midnight to 5 a.m., unless the drive is needed for work (family farm work included), a school-related activity or a medical emergency	General traffic fine of $1 to $200 (section 542.401). Section 545.424 sets its own fine only for the phone rule.
Passengers	More than one passenger under 21 who is not a family member	Same as the curfew rule: a general traffic fine of $1 to $200.

Phone rules for drivers under 18

A driver under 18 may not use a wireless communication device while driving, except in an emergency. The law counts hands-free devices, so a hands-free call is not legal for a teen either. The DPS pages for the learner license and the provisional license list the same ban. The practice question on the Texas under-18 wireless device rule tests this rule.

One more rule covers every age: no driver may read, write or send an electronic message on a portable device while driving, unless the vehicle is stopped. Texting while driving is a misdemeanor with a fine of $25 to $99, or $100 to $200 after an earlier conviction.

Curfew and passenger limits: who and when

The curfew and the passenger limit apply to every driver under 18 and end on the 18th birthday. They do not apply while a learner license holder drives with the adult supervisor that the law requires.

For the curfew exception, work includes work on a family farm by a member of the family that owns or runs the farm.

For the passenger limit, a driver under 18 may carry one passenger under 21 who is not a family member. Family members and passengers 21 or older do not count toward the limit. The Texas provisional license rules post covers the full list of Phase Two limits.

How a Texas driver under 18 can lose the license

Two moving violations in 12 months. A driver under 18 with two or more moving-violation convictions within 12 months can lose the license. Under Transportation Code 521.292, DPS suspends the license when it finds this ground, after a proper hearing. The practice question on two moving violations under 18 shows a typical case.
Two restriction convictions. Two or more convictions for breaking a restriction on the license.
Habitual violator. Four or more moving-violation convictions in 12 months, or seven or more in 24 months, at any age.
Juvenile court. On a juvenile court recommendation, DPS suspends a provisional license for up to one year when the court finds a felony-level offense, or a misdemeanor where the driver used a vehicle to travel to or from the scene.

What is the Texas zero tolerance alcohol rule?

For this rule, a minor is anyone under 21. A minor commits an offense by driving in a public place, or operating a watercraft, with any detectable amount of alcohol. The minor does not need to be intoxicated under the DWI law. This limit lasts until age 21, three years longer than the curfew and passenger limits.

A minor who drives in a public place is deemed to consent to a breath or blood test if arrested for intoxication or if an officer finds detectable alcohol. The practice question on detectable alcohol for a driver under 21 tests the rule.

Penalties for DUI by a minor in Texas

Penalties for DUI by a minor in Texas
Offense	Court penalty after a conviction	License suspension after a breath or blood test
First	Class C misdemeanor. The court orders 20 to 40 hours of alcohol-related community service. The handbook adds a fine of up to $500 and an alcohol awareness course. A parent of a minor under 18 may have to attend the course too.	60 days for a result with detectable alcohol below 0.08. 180 days for a refusal.
Second	Class C misdemeanor, with the same fine of up to $500 as the first row. The court orders 40 to 60 hours of community service.	120 days for a result with detectable alcohol. 2 years for a refusal.
Third (age 17 to 20)	A fine of $500 to $2,000, up to 180 days in jail, or both. No deferred disposition.	180 days for a result with detectable alcohol. 2 years for a refusal.

Other alcohol penalties for people under 21

For DUI by a minor, earlier juvenile adjudications and deferred dispositions count as earlier convictions.
After a suspension for a test result with detectable alcohol, a minor may ask for a hearing before a hearing officer to contest it.
A minor may not buy, try to buy, drink or possess alcohol. The handbook lists a first offense as a Class C misdemeanor with a fine of up to $500, 8 to 12 hours of community service, an alcohol awareness course and a 30-day license suspension.
A second offense brings a fine of up to $500, 20 to 40 hours of community service and a 60-day suspension.
A person under 21 convicted of an intoxication offense under Penal Code section 49.04, 49.045, 49.07 or 49.08 loses the license for one year, unless the court orders community supervision that requires an ignition interlock device.

Key takeaways

A driver under 18 cannot use a phone while driving, even hands-free, except in an emergency. The fine is $25 to $99, or $100 to $200 after an earlier conviction.
Under 18, no driving from midnight to 5 a.m. (work, school-related activity and medical emergency excepted) and no more than one non-family passenger under 21.
Two or more moving-violation convictions in 12 months, or two convictions for breaking a license restriction, can lead to a suspension.
Under 21, any detectable alcohol while driving is an offense. Refusing a breath or blood test brings a 180-day license suspension for a first offense.
Next step: practice the rules of the road on the free Texas Class C learner license practice test.

Texas new driver penalties: common questions

Can police pull over a Texas teen just for driving after midnight?

No. An officer may not stop a vehicle or detain the driver only to check whether the driver broke the phone, curfew or passenger rule. A stop for another reason can still lead to a ticket under those rules.

Does the Texas teen curfew apply to a learner license?

No, not while the learner drives with the adult supervisor that the law requires: the law exempts that drive from the curfew and the passenger limit. The phone ban is different. It covers learners too, hands-free calls included, and a first offense costs $25 to $99.

Can a 19-year-old get in trouble for driving after one beer in Texas?

Yes. Any detectable amount of alcohol is an offense for a driver under 21 in a public place, even when the driver is not intoxicated under the DWI law. A first conviction brings 20 to 40 hours of community service, and a first breath or blood test result with detectable alcohol brings a 60-day license suspension.

Can I refuse a breath test in Texas if I am under 21?

A refusal costs more license time than a low test result. A minor who drives in a public place is deemed to consent to the test after an arrest for intoxication or when an officer finds detectable alcohol. A refusal brings a 180-day suspension for a first offense and 2 years for each later offense, against 60 and then 120 days for a result with detectable alcohol.

Does a license suspension delay a Texas provisional license?

Yes. If a learner license is suspended, the six-month holding period grows by the number of days of the suspension. A teen with a 30-day suspension waits 30 more days before the provisional license.