When You Must Identify
Penal Code 38.02 — refusing after an arrest, and lying at any lawful stop
Texas's failure to identify section separates refusing from lying. Refusing to give a name, residence address or date of birth is an offense when the person has been lawfully arrested and the officer asks. Giving a false or fictitious name, address or date of birth is an offense when the officer has lawfully arrested or lawfully detained the person, or has good cause to believe the person witnessed a crime and asks.
A driver who is lawfully detained and does not show a license is in a third category. A driver lawfully detained for an alleged violation who fails to provide or display a driver's license when the officer asks, and then intentionally refuses to give their name, driver's license number, residence address or date of birth when asked, commits an offense. Giving an actual residence address that differs from the one on the license is not a refusal.
| The conduct | The class of offense |
|---|---|
| The conductRefusing after a lawful arrest | The class of offenseClass C misdemeanor |
| The conductA detained driver with no license shown who refuses the information | The class of offenseClass C misdemeanor, or Class B where the driver gave a false name |
| The conductGiving false information at a lawful arrest or detention, or as a witness | The class of offenseClass B misdemeanor |
| The conductRefusing, by a fugitive from justice | The class of offenseClass B misdemeanor |
| The conductGiving false information, by a fugitive from justice | The class of offenseClass A misdemeanor |
| Class | The most the Penal Code sets |
|---|---|
| ClassClass C misdemeanor | The most the Penal Code setsA fine of up to $500 |
| ClassClass B misdemeanor | The most the Penal Code setsA fine of up to $2,000, jail of up to 180 days, or both |
| ClassClass A misdemeanor | The most the Penal Code setsA fine of up to $4,000, jail of up to one year, or both |
Conduct that is also an offense under the Alcoholic Beverage Code's minor identification section is prosecuted only under that section. Whether an arrest or a detention was lawful, which is what the first two offenses turn on, is a question for the court.
Sources for this section (4)
- Penal Code 38.02 — Failure to identify
- Penal Code 12.23 — Class C misdemeanor
- Penal Code 12.22 — Class B misdemeanor
- Penal Code 12.21 — Class A misdemeanor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.