Distracted Driving Laws: 50-State Survey

A driver who takes their eyes off the road to focus on something else can cause devastating harm in a matter of seconds, especially when traveling at high speeds. Distracted driving can take many forms, such as eating, grooming, adjusting a radio, or calming a pet. Probably the most notorious form of distracted driving, however, involves texting or talking on a cell phone.

Recognizing this risk, states have passed laws to restrict the use of phones and similar electronic devices behind the wheel. Almost every state explicitly prohibits texting while driving, and over half the states explicitly prohibit the handheld use of phones. (These laws often contain certain exceptions, such as emergencies.) Some states have distinctive rules for novice drivers.

The penalties for violating a distracted driving law vary by state. Although they probably will not face jail time, a driver may need to pay a fine or civil penalty, and sometimes they may get points on their driving record. Repeat offenses may lead to harsher penalties. Moreover, a driver who causes a crash while violating a law may face liability for the resulting injuries. Liability for a car accident usually hinges on proving that an at-fault driver failed to use reasonable care under the circumstances, and breaking a traffic law generally indicates a failure to use reasonable care. This can make it easier for an accident victim to get compensation.

This survey summarizes the main distracted driving laws in each state, including whether an explicit handheld ban or texting ban covers all drivers. If you want to know more details, or if you got a ticket for an alleged violation, you can consult a traffic ticket lawyer in your area. On the other hand, if you were injured in a crash and suspect that another driver was distracted, you can talk to a personal injury lawyer about your rights and options.

Alabama Distracted Driving Laws

  • Key law: Code of Alabama Section 32-5A-350.1
  • Handheld ban: Yes, if driving is impaired
  • Texting ban: Yes, if driving is impaired

The statute provides that a person must exercise due care in operating a vehicle and must not engage in any unlawful actions that distract them from the safe operation of the vehicle. Moreover, it generally provides that a driver operates a vehicle in an unlawfully distracted manner if they change lanes without using a turn signal, swerve, or otherwise drive in an impaired manner while physically holding a cell phone or another wireless telecommunications device, as defined by the statute. It also generally prohibits impaired driving while the driver is writing, sending, or reading text messages, emails, or other text-based communications. (The statute lists various other prohibited forms of distracted driving as well.)

A violation is generally a Class C misdemeanor that carries a fine up to $50 and one point on a driving record for a first offense. However, a driver who appears in court and produces a device or proof of purchasing a device that would allow them to comply with the statute in the future is not considered guilty. Penalties increase for repeat offenses in a 24-month period. However, until June 2024, a law enforcement officer may only issue a written warning. A person also may not be placed under custodial arrest solely for a violation of this law.

Section 32-6-7.2 further provides that certain young drivers must not drive while operating a handheld communication device that is not essential to the functioning of the vehicle. This law covers someone who is issued a regular driver’s license and is 16, or is 17 but licensed for less than six months. A violation will result in a fine between $150 and $350, plus court costs. Two points will be added to a driving record.

Alaska Distracted Driving Laws

Among other rules, the statute generally prohibits someone from driving while they are reading or typing a text message or another non-voice message or communication on a cell phone or a similar device capable of providing a visual display in the view of the driver in a normal driving position while the vehicle is in motion. This offense is generally a violation that carries up to a $500 fine, although it is a felony if the distracted driving caused injuries or death. (Causing injuries is a class C felony, causing a serious physical injury is a class B felony, and causing death is a class A felony.) A violation also results in two points on a driving record.

Arizona Distracted Driving Laws

The statute generally prohibits operating a vehicle while physically holding or supporting a cell phone or another portable wireless communication device, or a stand-alone electronic device. It also generally prohibits writing, sending, or reading text messages, emails, and other text-based communications on one of these devices. A violation results in a civil penalty between $75 and $149 for a first offense. Penalties increase for repeat offenses. The statute notes that it does not prohibit operating a vehicle while using a device that allows communication without the use of the driver’s hands, except to activate or deactivate a function of the device.

Meanwhile, Section 28-3174 provides that a driver with a class G license (for people under 18) generally must not drive while using a wireless communication device during the first six months of holding the license. A first offense results in a maximum civil penalty of $75, as well as an extended period of restriction. Penalties increase for repeat offenses. However, an officer will not stop a driver or issue a citation for a violation unless they have reasonable cause to believe that there is another alleged violation of a motor vehicle law.

In addition, Section 28-3154 provides that a person with an instruction permit for a class D or G license generally must not drive a vehicle while using a wireless communication device. However, an officer must not stop a vehicle for a violation unless they have reasonable cause to believe that there is another alleged motor vehicle violation.

Arkansas Distracted Driving Laws

The statute generally prohibits operating a vehicle while using a cell phone or another wireless telecommunications device to text, or to access, read, or post to a social networking site. (However, a driver may enter a phone number or name in a device to make a call.) This offense results in a fine between $25 and $250 for the first offense. Fines increase for repeat offenses, or if the driver was involved in an accident.

Section 27-51-1605 generally prohibits a driver from using a cell phone or another wireless telecommunications device while operating a vehicle when passing a school building or a school zone during school hours when children are present and outside the building. (Hands-free wireless phones are exempt, among other devices.) Similarly, Section 27-51-1606 generally prohibits a driver from using a cell phone or another wireless telecommunications device while operating a vehicle in a highway work zone when a highway worker is present. (Again, hands-free wireless phones are exempt.) Penalties for a violation of either statute are the same as for a violation of Section 27-51-1504.

Under Section 27-51-1603, a driver who is under 18 generally must not use either a wireless telecommunications device or a hands-free wireless phone or device while operating a vehicle. Under Section 27-51-1604, meanwhile, a driver who is at least 18 but under 21 generally must not use a wireless telecommunications device for wireless interactive communication while operating a vehicle. (There is an exception for a hands-free wireless phone or device.) Penalties for a violation of either statute are the same as for a violation of Section 27-51-1504.

In addition, Section 27-16-804 provides that a driver with a restricted license, learner’s license, or intermediate license generally must not use a cell phone or another interactive wireless communication device while operating a vehicle.

Section 27-51-104 prohibits operating a vehicle in any manner when the driver is inattentive, and this inattention is not reasonable and prudent in maintaining vehicular control. A violation results in a fine up to $100.

California Distracted Driving Laws

Section 23123 generally prohibits a person from driving while using a wireless phone unless the phone is designed and configured to allow hands-free listening and talking, and the driver uses it in that manner. A violation is an infraction that carries a $20 fine for a first offense. Fines increase for repeat offenses.

Meanwhile, Section 23123.5 generally prohibits a person from driving while holding and operating a hand-held wireless phone or an electronic wireless communications device unless the phone or device is designed and configured to allow voice-operated and hands-free operation, and the driver uses it in that manner. Penalties are the same as for a violation of Section 23123.

Section 23124 further provides that a person under 18 generally must not drive while using a wireless phone or an electronic wireless communications device, even if equipped with a hands-free device. Penalties are the same as for a violation of the other statutes. However, an officer will not stop a vehicle for the sole purpose of determining whether the driver is violating this law.

Colorado Distracted Driving Laws

The statute generally prohibits a driver from using a wireless phone to engage in text messaging or similar forms of manual data entry or transmission while operating a vehicle. A violation is typically a class 2 misdemeanor traffic offense and will result in a $300 fine. If the violation causes injuries or death to someone else, it is a class 1 misdemeanor traffic offense. This carries a potential sentence of 10 days to 1 year in prison, as well as a fine of $300 to $1,000. A violation also results in four points on a driving record.

Meanwhile, a driver under 18 generally must not use a wireless phone while operating a vehicle. A violation is a class A traffic infraction that results in a $50 fine for a first offense. Fines are doubled for repeat offenses. A violation also results in one point on a driving record.

Connecticut Distracted Driving Laws

The statute generally prohibits anyone from operating a vehicle while using a hand-held mobile phone to engage in a call, or while using a mobile electronic device. This specifically includes a driver who types, sends, or reads a text message with a hand-held mobile phone or mobile electronic device while operating a vehicle. (If a driver holds a hand-held mobile phone to their ear or in its vicinity, they are presumed to be engaging in a call.) In addition, no driver under 18 generally may use a hand-held mobile phone, including a phone with a hands-free accessory, or a mobile electronic device while operating a vehicle. The statute also generally prohibits anyone from engaging in an activity not related to the actual operation of a vehicle in a way that interferes with the safe operation of the vehicle. A violation will result in a $200 fine for a first offense. Fines increase for repeat offenses.

Delaware Distracted Driving Laws

The statute generally provides that nobody may drive a vehicle while using an electronic communication device, such as a cell phone, while the vehicle is in motion. However, the statute exempts a person engaging in a call with a hands-free electronic communication device while using hands-free equipment when they are not holding the hands-free device in their hands, in addition to other, much narrower exemptions. A violation results in a civil penalty of $100 for a first offense. Penalties increase for repeat offenses within two years.

Under Section 2710, a driver with a Level 1 Learner’s Permit or a driver education learner’s permit must not operate a vehicle while using a cell phone, text messenger, or substantially similar electronic device. This may lead to a one-month suspension of the permit for a first offense and a three-month suspension for a repeat offense.

Section 4176 provides that a driver who fails to give full time and attention to the operation of the vehicle is guilty of inattentive driving. A first offense results in a fine between $25 and $75. Fines increase for repeat offenses within a three-year period.

Florida Distracted Driving Laws

The statute generally prohibits operating a vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of texting, emailing, and instant messaging, among other methods of non-voice interpersonal communication. A first offense is a non-criminal traffic infraction, punished as a non-moving violation, which involves a $30 fine. A repeat offense within five years is still a non-criminal traffic infraction but punished as a moving violation, which involves increased penalties.

Meanwhile, Section 316.306 generally prohibits operating a vehicle while using a wireless communications device in a hand-held manner in a designated school crossing, school zone, or work zone area. (This covers work zone areas only if construction workers are present or are operating equipment on the road or immediately adjacent to the work zone area.) A violation may result in a fine of up to $500 and add three points to a driving record. However, for a first offense, a driver may choose to participate in a wireless communications device driving safety program. The points and potentially the fine will be waived if they complete the program.

Georgia Distracted Driving Laws

The statute provides that a driver must exercise due care in operating a vehicle and must not engage in any actions that distract them from the safe operation of the vehicle. More specifically, it generally prohibits operating a vehicle while physically holding or supporting a wireless telecommunications device, such as a cell phone, or a stand-alone electronic device. It also generally prohibits writing, sending, or reading a text-based communication, such as a text message, instant message, or email, on a wireless telecommunications device or stand-alone electronic device. A violation is considered a misdemeanor and results in a fine up to $50 for a first offense, as well as one point on a driving record. Penalties increase for repeat offenses within a 24-month period.

Hawaii Distracted Driving Laws

The statute generally prohibits operating a vehicle while using a mobile electronic device, such as a cell phone, which is defined as any handheld or other portable electronic equipment capable of providing wireless or data communication between two or more persons or of providing amusement. (“Using” means holding the device while operating a vehicle.) It also generally prohibits people under 18 from operating a vehicle while using a hands-free mobile electronic device. A violation is considered a traffic infraction and generally results in a $300 fine, although the fine is $400 if a violation occurred in a school zone or construction area.

Idaho Distracted Driving Laws

The statute generally prohibits operating a vehicle while using a mobile electronic device, such as a cell phone. However, the statute exempts using a mobile electronic device in a voice-operated or hands-free mode if the driver does not use their hands to operate the device, among other exemptions. A violation is considered a moving violation and an infraction. A first offense results in a $75 fine. Penalties increase for repeat offenses within a three-year period.

Illinois Distracted Driving Laws

The statute generally prohibits operating a vehicle while using an electronic communication device, such as a hand-held wireless phone. (The statute specifically notes that it does not apply to using an electronic communication device in hands-free mode.) An ordinary violation is a traffic offense, with a maximum fine of $75 for a first offense. Penalties increase for repeat offenses. However, if the violation caused an accident that resulted in great bodily harm, permanent disability, or disfigurement, this is considered a Class A misdemeanor. A violation that caused an accident resulting in death is a Class 4 felony. In addition, a misdemeanor or felony violation results in 30 points on a driving record.

Section 5/12-610.1 prohibits a person under 19 who holds an instruction permit or a graduated license from driving a vehicle while using a wireless phone. An ordinary violation is a petty offense, which carries a fine between $75 and $1,000. It also results in 10 points on a driving record. The same penalties as in the main statute apply to violations causing accidents resulting in great bodily harm, permanent disability, disfigurement, or death.

Moreover, nobody may use a wireless phone at any time while operating a vehicle on a roadway in a school speed zone, on a highway in a construction or maintenance speed zone, or within 500 feet of an emergency scene. An ordinary violation is a petty offense, which carries a fine between $75 and $1,000. It also results in 15 points on a driving record. Again, the same penalties as in the main statute apply to violations causing accidents resulting in great bodily harm, permanent disability, disfigurement, or death.

Indiana Distracted Driving Laws

The statute generally prohibits holding or using a telecommunications device while operating a moving vehicle. However, it may be used in conjunction with hands-free or voice-operated technology. A violation is a Class C infraction. The penalty is a maximum of $35.50 if the driver does not contest the violation or has a clean record, although the amount may be greater if they contest the violation and have previous moving violations on their record within the last five years. In addition, four points may be added to a driving record.

Section 9-24-11-3.7 provides that someone who is under 21 generally may not operate a vehicle while using a telecommunications device. A violation is a Class C infraction.

Iowa Distracted Driving Laws

The statute prohibits using a hand-held electronic communication device, such as a cell phone, to write, send, or view an electronic message, such as a text message, while driving a vehicle unless it is at a complete stop off the traveled portion of the roadway. A violation generally results in a $45 fine. If the violation causes a serious injury, a driver may face a $500 fine, a license suspension up to 90 days, or both. If the violation causes death, the driver may face a $1,000 fine, a license suspension up to 180 days, or both.

A person issued a driver’s license under Section 321.194, which involves special licenses for minors, must not use an electronic communication device or an electronic entertainment device while driving a vehicle unless it is at a complete stop off the traveled portion of the roadway. A violation generally results in a $70 fine. The same enhancements apply for serious injury or death.

In addition, Section 321.178 generally prohibits minors with certain types of restricted licenses from using an electronic communication device or an electronic entertainment device while driving a vehicle unless it is at a complete stop off the traveled portion of the roadway. A violation may result in a license suspension.

Kansas Distracted Driving Laws

The statute generally prohibits a person from operating a vehicle while using a wireless communications device, such as a cell phone, to write, send, or read a written communication, such as a text message or email. This does not apply if the vehicle is stopped off the regular traveled portion of the roadway. A violation carries a $60 fine.

A driver who is issued a restricted license under Section 8-2,101, which covers certain types of licenses for very young drivers, generally must not operate a wireless communication device while driving a vehicle. A violation is a misdemeanor and leads to a fine up to $250, as well as a 30-day license suspension. Penalties increase for repeat offenses.

Kentucky Distracted Driving Laws

The statute generally prohibits operating a vehicle that is in motion on the traveled portion of a roadway while writing, sending, or reading a text-based communication while using a personal communication device, such as a cell phone, to manually communicate with someone else using text-based communication, such as text messages and emails. A violation leads to a $25 fine, which increases for repeat offenses. It also will result in three points on a driving record.

In addition, Section 189.294 generally prohibits anyone under 18 who has been issued an instruction permit, intermediate license, or operator’s license from operating a vehicle in motion on the traveled portion of a roadway while using a personal communication device. A violation similarly leads to a $25 fine, which increases for repeat offenses.

Louisiana Distracted Driving Laws

The statute generally prohibits operating a vehicle while using a wireless telecommunications device, such as a cell phone, to write, send, or read a text-based communication, such as a text message or email. In addition, a driver generally must not operate a vehicle while using a wireless telecommunications device to access, read, or post to a social networking site. A first offense results in a fine up to $500, which increases for repeat offenses or if the person was involved in a crash at the time.

Section 32:300.8 generally prohibits operating a wireless telecommunications device while operating a vehicle during the posted hours within a school zone. This includes texting, social media, and phone calls. (Hands-free wireless phones are exempt, among other devices.) Penalties are the same as for violations of the main statute, except that a repeat offense leads to a 60-day license suspension. The statute applies only within a school zone during posted hours when signs are located in a visible manner in each direction indicating that using a hand-held wireless communications device is prohibited while operating a vehicle.

Section 32:300.6 generally prohibits someone with a Class E learner’s license or intermediate license from operating a vehicle while they are using a wireless telecommunications device to engage in a call, unless the device is a hands-free wireless phone. Penalties are the same as for violations of the main statute.

Section 32:300.7 generally prohibits someone who is 17 or younger from operating a vehicle while using a wireless telecommunications device to engage in a call or to write, send, or read a text-based communication. A first offense results in a fine up to $250, which increases for repeat offenses or if the person was involved in a crash at the time. Repeat offenses also lead to a 60-day license suspension.

Finally, Section 32:289.1 generally prohibits anyone who is issued a first driver’s license from Louisiana from using a cell phone for any purpose while operating a vehicle for one year after the issuance of their first driver’s license, regardless of their age. (This does not apply to someone who was previously licensed to drive in another state.) A first offense results in a $100 fine or 16 hours of community service, or both. Penalties increase for repeat offenses or if the person was involved in an accident at the time. However, this offense is a non-moving violation, and the driver may be cited only if they are stopped for a moving violation.

Maine Distracted Driving Laws

Section 2121 generally prohibits operating a vehicle while using, manipulating, talking into, or otherwise interacting with a hand-held electronic device or mobile phone, even if the vehicle is temporarily stationary because of traffic, a traffic light, or a stop sign. (There is an exception if the driver is using the phone or device in hands-free mode, among other situations.) A violation is a traffic infraction, resulting in a $50 fine for a first offense. The fine increases for repeat offenses.

Section 2119 generally prohibits operating a vehicle while engaging in text messaging, including when the vehicle is temporarily stationary because of traffic, a traffic light, or a stop sign. A violation is a traffic infraction, resulting in a fine of at least $250 for a first offense. Repeat offenses within a three-year period lead to increased fines and a license suspension.

Section 1311 generally prohibits a person under 18 who has been issued a license from operating a vehicle while using, manipulating, talking into, or otherwise interacting with a hand-held electronic device or mobile phone, including when the vehicle is temporarily stationary because of traffic, a traffic light, or a stop sign. A violation is a traffic infraction, resulting in a fine between $250 and $500 and a 60-day license suspension for a first offense. The license suspension increases for repeat offenses. Section 1304 provides the same rule for a person who has been issued a learner’s permit. A violation is a traffic infraction.

Maryland Distracted Driving Laws

Section 21-1124.2 generally prohibits a driver of a vehicle that is in motion from using their hands to use a handheld phone other than to initiate or terminate a wireless phone call, or to turn the phone on or off. A holder of a learner’s instructional permit or a provisional driver’s license who is 18 or older must not use a handheld phone at all while operating a vehicle. A first offense results in a fine up to $75, and the fine increases for repeat offenses. (A driver may pay a prepayment penalty of $83 for a first offense, or a larger amount for a repeat offense, if they do not contest guilt.) Points may not be assessed against a driving record unless the offense contributes to an accident. The court may waive the penalty for a first offense if the driver provides proof that they have acquired a hands-free accessory or similar feature for their handheld phone that will allow them to operate a vehicle in accordance with the statute.

Section 21-1124.1 generally prohibits using a text messaging device to write, send, or read a text message or electronic message while operating a vehicle in the travel portion of the roadway. A violation is a misdemeanor and results in a fine up to $500. (A driver may pay a prepayment penalty of $70 if they do not contest guilt.) It also results in one point on a driving record, and a violation by a driver under 18 may result in a license suspension for up to 90 days.

Under Section 21-1124.3, a violation of either statute above may result in imprisonment up to one year or a fine up to $5,000, or both, if it causes an accident that results in death or serious bodily injury to someone else. (A driver cannot pay a prepayment penalty.) It also results in 12 points on a driving record.

Finally, Section 21-1124 generally prohibits someone under 18 from using a wireless communication device while operating a vehicle. A violation is a misdemeanor and results in a fine up to $500. (A driver may pay a prepayment penalty of $70 if they do not contest guilt.) It also results in one point on a driving record, and it may result in a license suspension for up to 90 days.

Massachusetts Distracted Driving Laws

The statute generally prohibits a driver from holding a mobile electronic device, and from using a mobile electronic device unless it is being used in hands-free mode. A first offense results in a $100 fine, while repeat offenses result in increased fines and participation in a program that encourages a change in driver behavior and attitude about distracted driving.

Section 8M generally prohibits a person under 18 from holding a mobile phone, hands-free mobile phone, or mobile electronic device in their hand, and from using it, while operating a vehicle. A first offense results in a $100 fine and a 60-day license or permit suspension. Their license will not be reinstated until they complete a program that encourages attitudinal changes in young drivers. Penalties increase for repeat offenses.

Michigan Distracted Driving Laws

The statute generally prohibits holding or using a mobile electronic device while operating a vehicle. Among other exceptions, the statute generally exempts the use of a mobile electronic device in a voice-operated or hands-free mode if the driver does not use their hands to operate the device. A violation is a civil infraction that results in a $100 civil fine or 16 hours of community service, or both, for a first offense. Penalties increase for repeat offenses or when the violation causes an accident.

Section 257.602c generally prohibits someone who has been issued a level 1 or 2 graduated license under Section 257.310e (for very young drivers) from using a cell phone while operating a vehicle. A violation is a civil infraction. The statute does not specify a fine amount, but Michigan courts recommend $100.

Minnesota Distracted Driving Laws

When a vehicle is in motion or a part of traffic, the statute generally prohibits the driver from using a wireless communications device to engage in a cell phone call, to initiate, compose, send, retrieve, or read an electronic message, or to access video or audio content or certain other types of content stored on the device. Among other exceptions, the statute does not apply if a driver uses a wireless communications device solely in a voice-activated or hands-free mode for a cell phone call or an electronic message. A violation is a petty misdemeanor. This technically carries a fine up to $300, but Minnesota courts allow a driver to pay a $50 fine for a first offense instead of going to court. The statute requires a $275 fine for a repeat offense.

Section 171.05 generally prohibits someone under 18 who has received an instruction permit under that statute from operating a vehicle while communicating over, or otherwise operating, a cell phone when the vehicle is in motion, regardless of whether it is handheld or hands free. A violation is a petty misdemeanor. Again, this technically carries a fine up to $300, but Minnesota courts allow a driver to pay a $50 fine for a first offense instead of going to court. Section 171.055 provides a similar rule for provisional license holders, who are subject to similar penalties.

Mississippi Distracted Driving Laws

The statute generally prohibits a driver of a moving vehicle from writing, sending, or reading a text message, and from accessing, reading, or posting to a social networking site using a hand-held mobile phone while driving the vehicle. A violation is considered a civil violation and results in a $100 civil penalty, but no state assessments.

Missouri Distracted Driving Laws

  • Key law: Missouri Revised Statutes Section 304.822
  • Handheld ban: Yes, although enforcement is limited (see below)
  • Texting ban: Yes, although enforcement is limited (see below)

The statute generally prohibits operating a vehicle while physically holding or supporting an electronic communication device, such as a cell phone, as well as writing, sending, or reading a text-based communication, such as a text message or email, on an electronic communication device. (This does not apply to drivers using a voice-operated or hands-free feature or function that converts the message to be sent as a message in written form if this does not distract the driver from operating the vehicle.) It also generally prohibits making a communication, such as a phone call, on an electronic communication device unless the driver uses a voice-operated or hands-free feature or function. The statute lists several related prohibitions as well.

A violation is considered an infraction that generally carries a fine up to $150 for a first offense. Fines increase for repeat offenses within a 24-month period, or for violations in work zones or school zones in certain situations. A violation causing property damage over $5,000 is a class D misdemeanor, a violation that causes serious physical injuries to someone else is a class B misdemeanor, and a violation that causes the death of someone else is a class D felony. Until January 1, 2025, however, an officer who stops a non-commercial vehicle for a violation of this statute will issue only a warning rather than a citation. Moreover, no driver will be stopped, inspected, or detained solely for a violation of this law.

Montana Distracted Driving Laws

  • Key law: None
  • Handheld ban: No
  • Texting ban: No

Montana does not have any laws prohibiting certain distracted driving behaviors, such as texting or other forms of cell phone use. The most relevant law may be Montana Code Section 61-8-302, which prohibits careless driving. This involves failing to drive a vehicle in a careful and prudent manner that does not unduly or unreasonably endanger other people. A violation is generally a misdemeanor carrying a fine of $10 to $100 for a first offense, with increased fines for repeat offenses within one year. However, the statute does not mention distracted driving or any specific distracted behavior.

Nebraska Distracted Driving Laws

The statute generally prohibits using a handheld wireless communication device, such as a cell phone, to read, manually type, or send a written communication, such as a text message or email, while operating a vehicle that is in motion. A violation is a traffic infraction, and a first offense results in a $200 fine and three points on a driving record. Fines increase for repeat offenses. However, enforcement is accomplished only as a secondary action when a driver has been cited or charged with a traffic violation or another offense.

Section 60-4,120.01 generally prohibits someone who is 16 or 17 with a provisional operator’s permit from using any type of interactive wireless communication device while operating a vehicle. Section 60-4,123 provides a parallel rule for someone with an LPD-learner’s permit, while Section 60-4,124 provides parallel rules for someone with a school permit or LPE-learner’s permit. A violation of any of these rules carries a $200 fine for a first offense and points on a license. However, enforcement of these rules is accomplished only as a secondary action when the driver has been cited or charged with a violation of another law.

Nevada Distracted Driving Laws

The statute generally prohibits operating a vehicle while manually typing or entering text into a cell phone or another handheld wireless communications device, as well as sending or reading data using the device to access or search the internet or to engage in non-voice communications with someone else, such as texting or electronic messaging. It also generally prohibits using a cell phone or another handheld wireless communications device to engage in voice communications with someone else, unless the device is used with an accessory that allows the person to communicate without using their hands, other than to activate, deactivate, or initiate a feature or function on the device. A violation is a civil infraction that results in a civil penalty of $50. Repeat violations within a seven-year period result in increased penalties.

New Hampshire Distracted Driving Laws

The statute generally prohibits using a hand-held mobile electronic device capable of providing voice or data communication while driving a moving vehicle, including while temporarily halted in traffic for a traffic control device or another momentary delay. A driver is presumed to be engaging in a call if they hold a cell phone in the immediate proximity of their ear while the vehicle is in motion. The statute does not prohibit using a hands-free electronic device to send or receive information if this does not distract the driver. A first offense will result in a $100 fine plus a penalty assessment. Penalties increase for repeat offenses in a 24-month period.

The statute also generally prohibits anyone under 18 from using a cell phone or another mobile electronic device, whether hands-free or not, while driving a vehicle in motion or temporarily stopped in traffic. A violation will result in the same fines as above, as well as a potential license suspension or revocation.

New Jersey Distracted Driving Laws

The statute generally prohibits using a wireless phone or electronic communication device while operating a moving vehicle, unless the phone is a hands-free wireless phone or the electronic communication device is used hands-free. A first offense results in a fine between $200 and $400. Penalties increase for repeat offenses within a 10-year period.

Section 39:3-13.2a generally prohibits a person with a special learner’s permit from using a hand-held or hands-free interactive wireless communication device while operating a moving passenger vehicle. Section 39:3-13.4 provides a parallel rule for a person with a probationary driver’s license. Section 39:3-13 also provides a parallel rule for a person with an examination permit. A violation of any of these rules results in a $100 fine.

New Mexico Distracted Driving Laws

The statute generally prohibits reading or viewing a text message or manually typing on a handheld mobile communication device for any purpose while driving a vehicle. A first offense results in a $25 fine, and repeat offenses are subject to increased fines.

New York Distracted Driving Laws

Section 1225-C specifically covers calls on mobile phones, while Section 1225-D covers a broader range of devices and activities. Section 1225-C generally prohibits operating a vehicle while using a mobile phone to engage in a call while the vehicle is in motion. A driver who holds a mobile phone in the immediate proximity of their ear is presumed to be engaging in a call. The law does not apply to the use of a hands-free mobile phone. A violation is a traffic infraction, and a first offense results in a fine between $50 and $200. Fines may increase for repeat offenses within an 18-month period. A driver also will get five points on their driving record.

Section 1225-D similarly prohibits operating a vehicle while using a portable electronic device, such as a hand-held mobile phone, while the vehicle is in motion. “Using” a device includes composing, sending, reading, viewing, accessing, browsing, transmitting, saving, or retrieving emails or text messages, as well as accessing the internet, among other activities. A driver is presumed to be using the device if they are holding it in a conspicuous manner. The same penalties apply as for violations of Section 1225-C.

North Carolina Distracted Driving Laws

The statute generally prohibits operating a vehicle while using a mobile phone to manually enter multiple letters or text in the device to communicate with someone else, or while using a mobile phone to read an email or text message. (The law does not apply to voice-operated technology.) A violation is an infraction that results in a $100 fine, plus court costs. No points will be added to a driving record. A violation is not negligence per se or contributory negligence per se in a related personal injury lawsuit.

Section 20-137.3 generally prohibits anyone under 18 from operating a vehicle while using a mobile phone or any additional technology associated with a mobile phone while the vehicle is in motion. (The law does not apply to communications with the driver’s parent, legal guardian, or spouse.) A violation is an infraction that results in a $25 fine. No points will be added to a driving record.

North Dakota Distracted Driving Laws

The statute generally prohibits a driver of a vehicle that is part of traffic from using a wireless communications device to compose, read, or send an electronic message, such as an email or text message. A violation results in a $100 fine.

Section 39-08-24 generally prohibits a person who is 16 or 17 and who has been issued a class D license from using an electronic communication device to talk or compose, read, or send an electronic message while operating a vehicle that is in motion. A violation results in a $20 fine.

Section 39-08-25 defines an offense called “failure to maintain control” that is based on distracted driving. This occurs if someone is operating a vehicle while distracted, and they commit another motor vehicle offense or are involved in a reportable accident that resulted in property damage. A violation results in a $100 fine.

Section 39-06-04 and Section 39-06-17 generally prohibit people with class D instruction permits or restricted class D licenses from using an electronic communication device to talk or compose, read, or send an electronic message while operating a vehicle that is in motion. A violation results in a $20 fine and points on a driving record.

Ohio Distracted Driving Laws

The statute technically prohibits operating a vehicle while using, holding, or physically supporting an electronic wireless communications device. However, it allows a person to use and hold an electronic wireless communications device directly near their ear for the purpose of making, receiving, or conducting a phone call, provided that they do not manually enter letters, numbers, or symbols into the device. A violation is an unclassified misdemeanor. A first offense will result in a fine up to $150 and two points on a driving record, although a driver can avoid these penalties by completing a distracted driving safety course. Penalties increase for repeat offenses in a two-year period. Fines are doubled for violations in construction zones with posted signs.

Section 4511.205 generally prohibits a holder of a temporary instruction permit who is under 18, as well as a holder of a probationary driver’s license, from driving a vehicle while using an electronic wireless communications device in any manner. A first offense results in a $150 fine and a 60-day license or permit suspension. Penalties increase for repeat offenses.

Section 4511.991 provides that a violation of various motor vehicle laws while distracted may lead to an additional fine up to $100 if the distracting activity contributed to the violation. A driver may be able to avoid the additional fine by completing a distracted driving safety course.

Oklahoma Distracted Driving Laws

The statute generally prohibits operating a vehicle while using a hand-held electronic communication device to manually compose, send, or read an electronic text message while the vehicle is in motion. A violation results in a fine up to $100, but no points will be added to a driving record.

Section 47-11-901b provides that every driver must devote their full time and attention to driving. However, no citation may be issued under this statute unless an officer observes that the driver is involved in an accident or driving in a way that poses an articulable danger to others that is not otherwise specified by statute.

Section 47-6-105 provides that a learner permit or intermediate Class D license may be suspended or canceled for using a hand-held electronic device while operating a vehicle for non-life-threatening emergency purposes.

Oregon Distracted Driving Laws

The statute generally prohibits driving a vehicle while holding a mobile electronic device in a hand or using a mobile electronic device for any purpose. (The law does not apply to someone who is 18 or older and using a hands-free accessory.) A first offense is generally a Class B traffic violation. The presumptive fine is $265, with a minimum $135 fine and a maximum $1,000 fine. A driver may avoid this fine by completing a distracted driving avoidance course within 120 days of sentencing. Penalties increase for repeat offenses in a 10-year period, or if a violation contributed to an accident that must be reported to the Oregon Department of Transportation.

Pennsylvania Distracted Driving Laws

The statute generally prohibits operating a vehicle while using an interactive wireless communications device to send, read, or write a text-based communication, such as a text message or email, while the vehicle is in motion. (This does not include reading, selecting, or entering a phone number or name in the device to activate or deactivate a voice communication or a phone call.) A violation is a summary offense and will result in a $50 fine.

Rhode Island Distracted Driving Laws

Rhode Island has two statutes that treat phone calls and texting separately. Section 31-22-31 generally prohibits operating a vehicle while using a hand-held personal wireless communication device to engage in a call while the vehicle is in motion. A driver who holds this type of device in the immediate proximity of their ear while the vehicle is in motion is presumed to be engaging in a call. A violation will result in a fine up to $100.

Meanwhile, Section 31-22-30 generally prohibits using a wireless handset or personal wireless communication device to compose, read, or send text messages while driving a vehicle. (Text messages are defined to include similar types of messages like emails.) The law does not prohibit using a hands-free wireless handset. A first offense results in a $100 fine or a license suspension up to 30 days, or both. Penalties increase for repeat offenses.

Section 31-22-11.9 generally prohibits the use of a personal wireless communication device by a minor while they are operating a vehicle. A first offense results in a $100 fine. Penalties increase for repeat offenses.

South Carolina Distracted Driving Laws

The statute generally prohibits using a wireless electronic communication device, such as a phone, to compose, send, or read a text-based communication, such as a text message or email, while operating a vehicle. It does not apply to using a hands-free wireless electronic communication device, among other exemptions. A violation will result in a fine up to $25, but no court costs or surcharges may be assessed. (One incident involving multiple violations may result in a fine up to $50.) A violation is not a criminal offense.

South Dakota Distracted Driving Laws

The statute technically prohibits operating a vehicle while using a mobile electronic device. However, it contains a major exception that covers not only reading, selecting, or entering a phone number or name in a device for the purpose of making or receiving a phone call, but also using the device for the call. This exception has been interpreted to allow a driver to hold a phone to their ear to talk. (There is another exception for using the device in a voice-operated or hands-free mode if the driver does not use their hands to operate the device.) A violation is a Class 2 misdemeanor. Section 32-26-47.2 further prohibits accessing, reading, or posting to a social networking site while operating a vehicle. This is also a Class 2 misdemeanor. The maximum penalties for a Class 2 misdemeanor are typically 30 days in jail or a $500 fine, or both. However, South Dakota courts allow a driver to pay a mail-in fine of $100, plus court costs, if they do not contest the violation.

Section 32-12-12 generally prohibits a holder of a restricted minor’s permit from using any type of wireless communication device while operating a vehicle. Section 32-12-11 provides the same rule for a holder of an instruction permit. A first offense will result in a 30-day suspension of the permit or driving privileges. The suspension is longer for a repeat offense. However, any enforcement of these two statutes is accomplished as a secondary action, meaning that the driver must have been stopped for another legitimate reason.

Tennessee Distracted Driving Laws

The statute generally prohibits operating a vehicle while physically holding or supporting a wireless telecommunications device, such as a cell phone, or a stand-alone electronic device. It also generally prohibits writing, sending, or reading a text-based communication, such as a text message or email, on a wireless telecommunications device or stand-alone electronic device. (The statute contains other prohibitions as well.) A violation is a Class C misdemeanor. A first offense generally will result in a fine up to $50, although a first offender may complete a driver education course instead of the fine. The fine increases for a third or subsequent offense, a violation resulting in an accident, or a violation in a work zone or school zone under certain circumstances. A violation also will result in three points on a driving record.

Section 55-50-311 generally prohibits a driver with a learner permit or intermediate driver license from operating a vehicle in motion while using a hand-held cell phone, cell car phone, or other mobile phone. (There is an exception when a driver who is 18 or under uses the phone to communicate with the driver’s custodial parents.) A violation is a Class C misdemeanor, resulting in a $50 fine. The driver also will be ineligible to apply for an intermediate or unrestricted driver license for an additional 90 days from the time when they would otherwise be eligible to obtain the license type. A driver under 18 who operates a vehicle while using a cell phone will have six points added to their driving record.

Texas Distracted Driving Laws

The statute generally prohibits using a portable wireless communication device to read, write, or send an electronic message while operating a vehicle unless it is stopped. (The device may be used in conjunction with a hands-free device.) A first offense is a misdemeanor resulting in a fine between $25 and $99. The fine increases for repeat offenses. However, if the defendant caused death or serious bodily injury to someone else, this is a Class A misdemeanor, resulting in a fine up to $4,000 and up to one year in jail.

Section 545.425 generally prohibits using a wireless communication device while operating a vehicle in a school crossing zone unless the vehicle is stopped or the device is used with a hands-free device. Section 545.4252 generally prohibits using a wireless communication device while operating a vehicle on the property of a public school for which a local authority has designated a school crossing zone during the time when a reduced speed limit is in effect for the school crossing zone unless the vehicle is stopped or the device is used with a hands-free device.

Section 545.424 generally prohibits a person under 18 from operating a vehicle while using a wireless communication device. A first offense is a misdemeanor resulting in a fine between $25 and $99. The fine increases for repeat offenses.

Utah Distracted Driving Laws

The statute generally prohibits operating a moving vehicle while using a wireless communication device to manually write or send a written communication, such as a text message or email, or to dial a phone number, access the internet, record video, take a photograph, or enter data into a wireless communication device. It also generally prohibits reading a written communication or viewing a video or photograph on a wireless communication device. However, the law does not prohibit operating a moving vehicle while using a wireless communication device when the device is used for voice communication, among other exceptions. (In other words, a driver can hold a phone to talk, although they cannot manually dial the number to start the call.) It also does not apply to hands-free or voice operated technology.

A first offense is generally a class C misdemeanor with a maximum fine of $100, although it is a class B misdemeanor if the violation caused serious bodily injury to someone else. A violation is also a class B misdemeanor if the conviction or the offense on which it is based occurred within three years of a prior conviction for the same offense. A texting while driving violation also adds 50 points to a driving record.

In addition, Section 41-6a-1715 prohibits careless driving, which is defined to include committing a non-speeding moving violation while being distracted by an activity within the vehicle that is not related to its operation, such as searching for an item or attending to personal hygiene or grooming. A violation is a class C misdemeanor with a $110 suggested fine. It also adds 50 points to a driving record. However, the driver’s license may be revoked if the violation caused the death of another person.

Section 41-8-4 generally prohibits a person under 18, whether or not they are a Utah resident, from using a wireless phone to communicate with someone else while operating a vehicle. (There is an exception for communicating with a parent or legal guardian.) A violation is an infraction resulting in a fine up to $25 but no points on a driving record.

Vermont Distracted Driving Laws

Section 1095b generally prohibits using a portable electronic device while operating a moving vehicle in a place open temporarily or permanently to public or general circulation of vehicles, or while operating a vehicle on a public highway, including while it is stationary as defined by the statute. (There is an exception for hands-free use.) A first offense is considered a traffic violation and generally results in a civil penalty between $100 and $200. Two points will be added to a driving record. Penalties increase for repeat offenses in a two-year period, or for a violation in a work zone or school zone under certain circumstances.

Meanwhile, Section 1099 generally prohibits texting while operating a moving vehicle in a place open temporarily or permanently to public or general circulation of vehicles, or while operating a vehicle on a public highway, including while it is stationary as defined by the statute. Penalties are the same as for violations of Section 1095b.

Section 1095a generally prohibits a person under 18 from using any portable electronic device while operating a moving vehicle in a place open temporarily or permanently to public or general circulation of vehicles, or while operating a vehicle on a public highway, including while it is stationary as defined by the statute. Penalties are the same as for violations of the other statutes.

Virginia Distracted Driving Laws

The statute generally prohibits holding a handheld personal communications device while driving a moving vehicle. A violation is a traffic infraction, and a first offense results in a $125 fine. The fine doubles for a repeat offense or a violation in a highway work zone.

Washington Distracted Driving Laws

The statute generally prohibits using a personal electronic device while driving a vehicle. It defines “using” as holding the device in either hand or both hands, using a hand or finger to perform certain actions involving emails, text messages, instant messages, photographs, or other electronic data, or watching videos on the device. A violation is a traffic infraction. A first offense results in a $48 base penalty. Penalties increase for repeat offenses within five years.

Section 46.61.673 generally prohibits dangerously distracted driving, which is a traffic infraction resulting in a $30 base penalty. “Dangerously distracted” means that the driver was engaging in an activity not related to the actual operation of a vehicle in a manner that interferes with the safe operation of the vehicle.

Section 46.20.075 generally prohibits a holder of an intermediate license from operating a moving vehicle while using a wireless communications device. A violation is a traffic infraction. For a first offense, a warning letter will be mailed to the driver’s parent or guardian. A repeat offense will result in a license suspension. Similarly, Section 46.20.055 generally permits a holder of a driver’s instruction permit to drive a vehicle only if they are not using a wireless communications device.

Washington, D.C. Distracted Driving Laws

The statute generally prohibits using a mobile phone or another electronic device while operating a moving vehicle, unless the telephone or device is equipped with a hands-free accessory. “Using” includes talking, placing, texting, or receiving a call on a wireless communications device, including a mobile phone. (There is an exception for initiating or terminating a phone call, or turning the phone on or off.) A violation results in a $100 fine. For a first offense that did not involve texting, though, the fine will be suspended if the driver provides proof of acquisition of a hands-free accessory of the type required by the law.

Section 50-1731.03 prohibits “distracted driving” more generally, which is defined as inattentive driving while operating a vehicle that results in the unsafe operation of the vehicle when this inattention is caused by reading, writing, performing personal grooming, interacting with pets or unsecured cargo, using personal communications technologies, or engaging in any other activity that causes distractions. The fine is the same as for a violation of the cell phone law.

Section 50-1731.05 generally prohibits a person who holds a learner’s permit or is under 18 from using a mobile phone or another electronic device, including those with hands-free accessories, while operating a moving vehicle. The fine is the same as for a violation of the other statutes.

West Virginia Distracted Driving Laws

The statute prohibits a driver from engaging in any actions involving any stand-alone electronic device or wireless telecommunications device that distracts them from the safe operation of the vehicle. Among other prohibitions, a driver generally must not operate a vehicle while physically holding or supporting a wireless communication device or stand-alone electronic device, write, send, or read any text-based communication, such as a text message or email, or make any communication involving a wireless telecommunications device, such as a phone call. (There is an exception for a voice-operated or hands-free communication feature or function.) A violation is a misdemeanor, and a first offense results in a fine up to $100. Penalties increase for repeat offenses in a 24-month period. Penalties increase significantly, including possible jail time, if a driver causes property damage, serious physical harm, or death.

Section 17B-2-3a generally prohibits a holder of a level one instruction permit, a level two intermediate driver’s license, or a level three driver’s license who is under 18 from using a wireless communication device while operating a vehicle. A violation is a misdemeanor and results in a $25 fine for a first offense. Fines increase for repeat offenses.

Wisconsin Distracted Driving Laws

The statute prohibits driving a vehicle while being engaged or occupied with another activity that interferes or reasonably appears to interfere with the driver’s ability to drive the vehicle safely. More specifically, the statute generally prohibits driving a vehicle while composing or sending an electronic text message or an email message. (This does not apply to the use of a voice-operated or hands-free device if the driver does not use their hands to operate the device.) A violation of either provision may result in a penalty between $20 and $400.

In addition, a holder of a probationary license or instruction permit generally must not drive a vehicle while using a cell phone or other wireless phone. A first offense may result in a penalty between $20 and $40. The penalty increases for repeat offenses within a year.

Finally, the statute generally prohibits driving a vehicle while using a cell phone or other wireless phone, including for a purpose other than communication, when people engaged in work in a highway maintenance or construction area, utility work area, or emergency or roadside response area are at risk from traffic. (This does not apply to the use of a voice-operated or hands-free device if the driver does not use their hands to operate it.) A first offense may result in a penalty between $20 and $40. The penalty increases for repeat offenses within a year.

Wyoming Distracted Driving Laws

The statute generally prohibits operating a vehicle while using a handheld electronic wireless communication device to write, send, or read a text-based communication, such as a text message or email. (This does not apply to entering a phone number or name in a device to make or receive a phone call, or the use of voice-operated or hands-free technology.) A violation is a misdemeanor, resulting in a fine up to $75.

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