No matter what you call them, no Texas law prohibits people from wearing headphones, earbuds, or AirPods while driving. 

However, as with most Texas laws, there are grey areas.

Headphone usage is technically legal unless law enforcement officers determine you use them as a “hands-free wireless communication device.”

This means you shouldn’t get in trouble if you’re using them to listen to music or have an earpiece in one year to take phone calls while driving. However, things get significantly more complicated if you use a noise-canceling headset to text, call, or otherwise use a Bluetooth device.

Wearing Headphones or Earbuds is Typically Legal in Texas

Texas law typically supports the use of hands-free devices while driving. It’s considered a safer alternative to texting and driving. However, headphones can affect your ability to hear essential sounds. Additionally, there are circumstances when wireless devices cannot be used at all.

Texas Transportation Code Statute 545.425 addresses wireless communication devices. It prohibits the use of wireless devices to write, read, or send electronic messages while driving unless the vehicle is stopped.

The state defines a “wireless communication device” as any device capable of receiving or transmitting text, images, or voice communications.

If your headphones can only play or amplify music, they will not be considered a wireless device. However, many headphones, earbuds, and AirPods have Bluetooth capabilities. If your wireless earpiece(s) can sync with your phone or any other Bluetooth device that’s in the vehicle with you, the issue is significantly more likely to cause legal complications. You could be accused of distracted driving if your driving is considered unsafe.

Like many other Texas laws, the distinction between headphones and a “wireless communication device” is ambiguous. You’re technically fine if you’re listening to music or a podcast through your vehicle’s speakers or you’re just using a basic set of headphones to amplify music. However, if you’re driving while listening to music or a podcast on your Bluetooth-enabled phone or tablet – and you’re in an accident – you could be accused of unsafe driving, particularly if police suspect you were texting or talking to someone on the phone, or you’re wearing noise-canceling headphones that prevent you from hearing horns or other traffic noises.

A distracted driving charge can mean fines, points on your license, and possibly even jail time. The penalties depend on the circumstances. For example, texting and driving could lead to a misdemeanor charge.

READ MORE: Misdemeanor penalties in Texas

No Federal Law Prohibits Earbud Use While Driving

There is no federal law that restricts using headphones while driving. However, each state can make its own laws, meaning that if you’re driving out of state, you must learn the rules and device classifications of each state you visit, which we will break down in a minute.

Times When It’s Legal to Wear Bluetooth Headphones While Driving

• You’re hearing impaired: Any FDA-approved device designed to help hearing-impaired people should not be considered headphones in the event of an accident. 
• Your job requires it: Some professions require workers to wear headsets to communicate with each other and protect them from loud noises. These include first responders, emergency vehicle operators, construction workers, and garbage collectors.
• You’re using one earbud for a call: If you must take a call while driving, it is safer than picking up your phone (though sending the call to voicemail is safer).

Instances When Earbud Use is Prohibited

There are a few specific instances where it is illegal to wear headphones or earbuds while driving:

• If you’re under age 18: Drivers under 18 cannot use any wireless communication devices at all while driving, except for emergency situations. 
• You’re in a school zone: You can only use hands-free devices in school zones unless your vehicle is stopped.
• You’re driving a bus: School bus drivers are only allowed to use wireless devices in emergencies or if there are no passengers.

Are your AirPods or Earbuds FDA-Approved Hearing Aids?

New regulatory approvals mean that some earbuds and AirPods can serve as over-the-counter hearing devices. This has created legal ambiguity between standard earbuds, AirPods, and hearing aids. Self-fitting hearing aids and over-the-ear models that have been classified as FDA-approved Class II medical devices are legal when driving in Texas.

This could mean significant savings for people who only require a hearing aid part of the time. In one example, a user paid about $4,000. The National Council on Aging reports that hearing aids typically cost between $99 to $7,000.

Some versions of the AirPod Pro are so effective at blocking out noise that they have a hearing test and are an FDA-approved “clinical-grade hearing aid.” The AirPod Pro 2 allows users to run their own hearing tests and is currently priced at $249, making it a practical alternative for people who don’t need permanent hearing aids, but require some assistance..

However, non-self-fitting models are designed to amplify ambient sounds and aren’t approved by the FDA. They can’t be customized for the wearer’s specific needs. These may not be considered legal “hearing aids” based on a state’s definition. 

It’s important to remember that some of these devices have only been approved by the FDA since October 2024, so the laws are evolving, and there is no legal precedent to determine how they might be classified if they’re determined to cause a traffic accident.

If your earbuds or AirPods are used as a hearing device, we recommend checking whether they’re FDA-approved or meet your state’s requirements for approved hearing aids. 

Are Your Headphones a Safety Risk?

The law requires all drivers in Texas to use caution, avoid accidents, and ensure safety. Headphones and earbuds could impair your driving ability. Earbuds and AirPods, in particular, can fall out or require adjusting, which could lead to driving risks. Many are also noise-canceling devices, which impair drivers’ ability to hear critical signals, including sounds from neighborhood children, emergency sirens, squealing brakes, or honking horns. 

When you’re behind the wheel, seconds count. If you fail to notice or hear emergency vehicles, it could create a dangerous situation or be considered a traffic violation if you don’t yield.

These devices can be so good at canceling background noise that a woman out for a nightly run was running through an active shooter scene because she couldn’t hear the emergency warnings. 

You could be deemed negligent if you’re involved in an accident, and headphone use is considered a contributing factor. This will affect your insurance claims and liability.

Statistics: Earbud Use and Safety

• A study by Ford found that 27% of near misses and accidents involved drivers wearing headphones, earbuds, or AirPods. 
• A separate study found that drivers wearing headphones had a reaction time that was one-third of a second longer when shifting gears and one-fifth of a second longer when reacting to hazards. 
• Drivers wearing headphones made 8% more steering errors. 
• In 2022, distracted drivers caused 3,308 car crash fatalities in the U.S., according to the National Safety Council. 

States Where It’s Legal to Use Headphones While Driving

These states currently have no laws restricting the use of headphones while driving: 

The states where it is legal to wear headphones while driving are Alabama, Arizona, Arkansas, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wisconsin, and Wyoming.

States Where It’s Illegal to Wear Headphones While Driving

You cannot wear headphones while driving in California, Louisiana, Maryland, Minnesota, Virginia, and Washington. 

States With Specific Earbud Requirements

Ten states have laws that allow only one earbud. Additionally, some of those states also restrict how the earbud can be used.

• One earbud only: Colorado, Florida, Illinois, New York, Ohio, and Washington, D.C.
• One earbud to make or take personal calls only: Georgia, Pennsylvania, and Rhode Island.
• One earbud to help with hearing or for GPS use: Alaska
• One earbud for GPS only: Massachusetts