Is It Illegal to Wear AirPods While Driving in Texas?

(KNUE-FM) Is it illegal to wear AirPods while driving in our Texas cities?

Granted, I can't imagine why most people would be wearing AirPods while driving. I suppose that in a situation where someone's car radio isn't working or the car doesn't have any way to play music, one might understand why this could happen.

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Other than that, it doesn't make sense to me.

Then again, I do remember two occasions when I realized I was doing just that very thing.

However, on both occasions, it was simply due to forgetting that I had them on. I had been walking on a trail here in East Texas. I got back to my car, hopped in, and drove home.

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Yes, I finally realized I still had them in my ears when I realized I couldn't hear the radio as well as I'd like.

Wait… Is It Actually Illegal to Drive with AirPods in Texas?

You may be surprised by what the law has to say about wearing AirPods or headphones while driving in Texas.

Although it's likely to change at some time in the future, as of now, it's not technically illegal to drive with AirPods or headphones while driving in Texas...BUT.

Like many other aspects we've discussed regarding the legalities in Texas, there are certainly some gray areas.

The Gray Area: Dangerous Driving & Headphone Use

Here's the thing: While the Texas law doesn't specifically mention AirPods, Texas drivers can still receive a citation for Dangerous Driving.

According to the website of Attorney Brian White of Houston, Texas, "Texas Transportation Code Section 545.401 says that a driver commits the offense of dangerous driving if he or she drives with a willful or wanton disregard for the safety of others."

That could likely be interpreted to include wearing headphones of any kind that would cause a driver to be more distracted than they would be otherwise.

Distracted Driving in Texas Goes Beyond Cell Phones

That leads us to Distracted Driving laws in Texas.

Granted, Distracted Driving usually refers to cellphone use.

However, it could also be extended to include anything that could distract a driver and thus lead to an accident. That could consist of eating, plucking your eyebrows while driving, and yes, listening to headphones or AirPods.

Best practice? Yeah, don't. (Note to Self, too.)