Texas

Here’s what the law says about eating while driving in Texas

A man eating a donut and holding a cup of coffee in a car. Used with the Creative Commons license.
A man eating a donut and holding a cup of coffee in a car. Used with the Creative Commons license. Pexels

Nine people are killed every day due to distracted driving, according to the U.S. Centers for Disease Control and Prevention. Distracted driving entails any activity that takes the driver’s attention away from the wheel and road. This can include texting, talking on the phone, using GPS, smoking, drinking or even eating.

One survey found that 56.7 percent of Americans eat while behind the wheel. So, is eating behind the wheel illegal or just dangerous?

Here’s what to know.

Is eating while driving illegal in Texas?

While eating while driving is not in and of itself illegal in Texas, it can be a form of distracted driving, which is against the law. When distracted driving affects your driving abilities, you may be liable in an accident that causes injury or death.

In 2023, 3,275 people lost their lives in distracted driving accidents, according to the National Highway Traffic Safety Administration (NHTSA). The NHTSA also found that drivers are 1.57 percent more likely to get in an accident while eating. Even reaching across a seat to grab food increases the chance of an accident by 1.38 percent.

“Distracted driving is any activity that takes your attention away from driving,” according to the Texas Department of Transportation. “Distractions can include anything from texting and talking on a mobile phone to eating and drinking, putting on makeup, shaving, reading, programming a navigation system, watching a video, and even adjusting the radio.”


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Consequences for distracted driving in Texas

If you eat while driving, you could be pulled over and receive a ticket for reckless driving or breaking roadway rules such as making an unsafe lane change.

Reckless driving is against Texas law under Transportation Code 545.401, making it a misdemeanor crime punishable by a fine of up to $200 and/or up to 30 days in jail.

To avoid eating while driving, Drivers Ed recommends eating in the parking lot or before you leave your home, or instituting a no-food rule to keep food out of your car.

This story was inspired by reporting from former Star-Telegram service journalism reporter Dalia Faheid.

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Ella Gonzales
Fort Worth Star-Telegram
Ella Gonzales is a service journalism reporter for the Fort Worth Star-Telegram. She is part of a team of local journalists who answer reader questions and write about life in North Texas. Ella mainly writes about local restaurants and where to find good deals around town.
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