What Are the Rules for a 16-Year-Old Driver in Texas?

The rules for a 16-year-old driver in Texas come from the state’s Graduated Driver License program, and they add four restrictions on top of the ordinary traffic code: no driving between midnight and 5:00 a.m., no more than one non-family passenger under 21, no use of any wireless device (handheld or hands-free), and zero tolerance for alcohol.¹ Every one of these restrictions expires automatically on the driver’s 18th birthday.

The Midnight Curfew

A 16-year-old with a Provisional License cannot drive between midnight and 5:00 a.m.¹ Three situations let a teen drive during those hours anyway:

Going to or from a job, including work on a family farm.
Attending a school-related activity.
Responding to a medical emergency.

Outside those exceptions, the car stays parked.

One nuance worth knowing: an officer cannot pull a teen over for the sole purpose of checking whether they are violating the curfew. The statute bars stops made only to enforce GDL restrictions.¹ But once a stop happens for another reason (speeding, a broken taillight), a curfew violation noticed during that stop can still be cited.

The Passenger Limit

A 16-year-old cannot carry more than one passenger under 21 who is not a family member.¹ Family members of any age don’t count toward the limit, so siblings and cousins can ride along freely.

Unlike the curfew, the passenger rule has no exceptions. It applies 24 hours a day, whether the teen is driving to school at 8:00 a.m. or heading home from a movie at 9:00 p.m.

The Wireless Device Ban

Every driver under 18 in Texas is barred from using a wireless communication device while behind the wheel. The statute’s definition covers both handheld and hands-free devices, which means a Bluetooth call routed through the car’s speakers is still illegal for a 16-year-old.¹ The ban applies whether the vehicle is moving or stopped at a red light. The only exception is a genuine emergency.

This is stricter than the adult rule. Adults are prohibited from texting while driving, but they can legally use hands-free technology for calls.² For a teen, the phone stays off from the moment the engine starts.

Zero Tolerance for Alcohol

Texas treats any detectable alcohol in a driver under 21 as a criminal offense, regardless of whether the driver appears impaired.³ The 0.08% BAC threshold that applies to adults is irrelevant here. A single drink, or even a trace amount, is enough for a charge.

A first offense is a Class C misdemeanor. The court will order 20 to 40 hours of community service on top of any fine, and the teen’s license is suspended for 60 days.³ A second offense raises the community service to 40 to 60 hours. A third offense stops being a Class C misdemeanor: the fine range becomes $500 to $2,000, with up to 180 days in jail.

If a teen’s BAC reaches 0.08% or higher, the charge shifts to a standard DWI, carrying the same penalties adults face, including potential jail time on a first offense. A DWI conviction can also delay an unrestricted license well past the 18th birthday.

Penalties for the Other GDL Violations

The wireless device ban has its own fine schedule written into the statute: $25 to $99 for a first offense, and $100 to $200 for a driver with a prior wireless-device conviction.¹

Curfew and passenger violations don’t get their own numbers in the statute, so they fall under the general traffic penalty: a misdemeanor with a fine of up to $200, plus court costs on top.

The ticket is only part of the cost. Any moving violation goes onto the teen’s driving record, where insurers will find it, and Texas uses a point system that can suspend a license once enough violations accumulate. A single moving violation can push a family’s auto insurance premium up by 25% or more, and that increase typically stays in place for three to five years.

How a 16-Year-Old Gets to This License in the First Place

The Provisional License is the second phase of the GDL program. A teen has to hold a Learner License for at least six months first, during which they can only drive with a licensed adult 21 or older in the front passenger seat.⁴

To move up to the Provisional License at 16, the teen has to complete driver education (7 hours of in-car observation, 7 hours of behind-the-wheel instruction, and 30 hours of supervised driving practice with at least 10 at night), finish the free two-hour Impact Texas Teen Drivers video course, and pass the driving skills test.⁵ The ITTD completion certificate is only valid for 90 days, so the road test has to happen inside that window.⁶ The application fee is $16.⁷

When These Rules End

Every GDL restriction lifts automatically on the driver’s 18th birthday. No test, no application, no DPS visit is required to remove them; the statute simply stops applying.⁵

The Provisional License card itself expires on that same birthday, though, so the new adult will need to visit a DPS office to get an adult license.⁷ With a clean record, no additional skills test is required. Outstanding suspensions or unresolved tickets can hold up the new license until they’re cleared.

1
State of Texas. Texas Transportation Code TN 545.424 – Operation of Vehicle by Person Under 18 Years of Age
2
Texas Department of Transportation. Texting and Cellphone Laws – Distracted Driving
3
Department of Public Safety. Alcohol Related Laws for Minors
4
Department of Public Safety. Texas Learners License as a Teen
5
Department of Public Safety. Texas Provisional License as a Teen
6
Impact Texas Teen Drivers. ITTD FAQs
7
Department of Public Safety. Driver License Fees