Texas is not a “Stop and Identify” state. 

There are 23 states with various “Stop and Identify” laws. Stop and ID laws require residents to provide ID any time a law enforcement officer asks to see it. Because of the limited instances in which Texas requires ID, it is considered a “Failure to Identify” state. 

This means that you’re only legally required to provide identification to law enforcement officers in specific situations.

Do I Have to Identify Myself to Police in Texas?

During routine interactions, most police officers will ask for a driver’s license and registration. This is typically a sneaky strategy to obtain your personal information without asking for it.

In Texas, you’re only required to provide ID under three circumstances

1. You’ve been detained or arrested
2. You’re driving a motor vehicle
3. You’re licensed to carry a firearm and are actively carrying that weapon

If you refuse to provide your ID – or provide false information – under any of these three circumstances, you will face criminal charges.

You are typically not required to provide that information in a specific form, such as a driver’s license or state identification card.

If you’ve been detained but not arrested, you may not technically be required to provide ID, but the language in the state’s penal code is ambiguous (which we will explain in a bit). 

Even in states with Stop and Identify laws, you may not be required to provide identification without:

• Reasonable belief or evidence that a crime was committed
• Reasonable suspicion that crime is currently being committed

Specifics of when the law applies often vary by state.

Texas Penal Code § 38.02 – Failure to Identify

In Texas, possessing a driver’s license or a license to carry a firearm is considered a privilege rather than a right. That means that any time you are driving a motor vehicle or carrying a firearm and a Police Officer requests your ID, you must provide it.

Forgetting your license is not a valid excuse: According to statistics from the Texas Department of Public Safety, the Texas Highway Patrol cited 5,215 individuals for “Failure to Display: DL” in 2023.

But if you’re not driving, your obligation to provide identifying information only applies after a lawful arrest or detention. 

As with traffic stops, police must have reasonable suspicion or probable cause to stop or detain you.

If you’re detained: The Texas Penal Code says that you are not required to provide your name unless the officer is “investigating an offense.” This language is ambiguous, and whether you’re legally required to provide ID is open to interpretation. You could be charged with “Failure to Identify” or “Failure to Display”  if you refuse. In routine cases such as a DWI offense, it’s probably safer to provide the information rather than risk an elevated charge for refusal. 

If you’re arrested: If a law enforcement officer requests the information, you must provide:

• Your name
• Residence address
• Date of birth 

Under any of these circumstances, do not provide false identification (such as a fake name). Providing false identifying information while detained or arrested elevates a Class C misdemeanor to a Class B misdemeanor charge.

If you’re a witness or are in a situation where you are not detained or arrested: In these instances, you are generally not legally obligated to provide identifying information to police in Texas unless you’re driving a vehicle.  However, you could still face a criminal charge for giving false information to a police officer if they believe you are a witness to a criminal offense.

Stop and Identify vs. Failure to Identify

Some states’ Stop and ID laws give law enforcement officers more flexibility to demand your personal information. 

Failure to Identify is more restrictive. The circumstances when police can demand personal ID are limited to specific instances, and you could face criminal charges for failing to comply.

In Texas, under Penal Code § 38.02, there are two primary criminal Failure to Identify offenses:

• A person who is lawfully arrested and refuses to provide their name, residence address, or date of birth
• A person who is lawfully detained (not necessarily arrested) provides false information such as a name or date of birth.

Fugitives from justice and witnesses to criminal offenses who provide false information will also likely face failure to ID charges.

In some cases, detained Texans could have avoided criminal charges if they’d simply remained silent. Lying about information they may not have been required to provide (at that point) is what led to the criminal charge.

The 23 states with stop-and-identify statutes are Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Rhode Island, Utah and Vermont.

Penalties

Failure to Identify is typically a misdemeanor offense, but the severity often depends on the circumstances. Penalties may be increased if the person has outstanding warrants or if the failure to identify is part of a more serious crime.

• Refusing to provide information is a Class C misdemeanor, punishable by a fine of up to $500 unless there is also a warrant out for your arrest. Then it is elevated to a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.00

Providing false information is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000 unless there is also a warrant out for your arrest. Then it is elevated to a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.00