Cell Phone Use While Driving: What's the Law?
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Depending on where you live, laws regarding cell phone use while driving varies. Some states only ban drivers of a certain age from using hand held phones while driving, but other states ban everyone from doing so.
What exactly are state laws across the U.S. regarding cell phone use while driving, and what penalties are involved if you are caught violating the law?
State Laws and Penalties Regarding Cell Phone Use While Driving
Each state approaches the use of handheld devices differently. While many states do allow handheld cell phone use, many have banned texting while driving. The following chart details the different state laws regarding cell phone use and the penalties you can expect for violating those laws:
| Cell Phone and Texting Restrictions by State | |||
|---|---|---|---|
| State | Cell Phone Handheld Use Ban | Text Messaging While Driving Ban | Penalties for Cell Phone Use and Texting While Driving (as of 7-2017) |
| Alabama | No | All drivers | First offense: $25 fine; second offense: $50 fine; subsequent offenses: $75 fine |
| Alaska | No | All drivers | Charged with a misdemeanor if no accident. Charged with a felony if an accident with injury. |
| Arizona | No | Only for permit holders under 18 | No penalty. |
| Arkansas | Drivers 18 to 20 | All drivers | Up to a $100 fine. |
| California | Yes | All drivers | First offense: $20 fine; subsequent offenses: $50 fine. |
| Colorado | No | All drivers | First offense: $56 fine; Subsequent offense: $106 fine. |
| Connecticut | Yes | All drivers | First offense: $125 fine; subsequent offenses: $250 fine. |
| Delaware | Yes | All drivers | First offense: $106 fine; subsequent offenses: up to a $350 fine. |
| D.C. | Yes | All drivers | Fine of $100. |
| Florida | No | All drivers | Fine of $30. |
| Georgia | No | All drivers | Fine of $150 plus one point on driving record. |
| Hawaii | Yes | All drivers | First offense: $200 fine; second offense (within same year) $300 fine. |
| Idaho | No | All drivers | Fines start at $85 for the first offense. |
| Illinois | Yes | All drivers | Fines start at $75 for a first offense. |
| Indiana | No | All drivers | Fine ranges from $35 to $500. |
| Iowa | No | All drivers | Fine of $30, or up to $1,000 for causing a serious accident while texting. |
| Kansas | No | All drivers | Fine of $60. |
| Kentucky | No | All drivers | First offense: $25 plus court costs; subsequent offenses: $50 plus court costs. |
| Louisiana | Drivers with permits, regardless of age | All drivers | First offense: $175 fine; subsequent offenses: $500 fine. |
| Maine | No | All drivers | First offense: $100 fine; fines increase for subsequent offenses. |
| Maryland | Yes | All drivers | Fine ranges from $40 to $100. |
| Massachusetts | No | All drivers | First offense: $100 fine; subsequent offenses: $250 fine. |
| Michigan | No | All drivers | First offense: $100 fine; subsequent offenses: $200 fine. |
| Minnesota | No | All drivers | Fines up to $300 per offense. |
| Mississippi | No | All drivers | Fine of $500 for a first time offender. |
| Missouri | No | Drivers 21 and under | Fine of $20.50. |
| Montana | No | No | No penalty. |
| Nebraska | No | All drivers | First offense: $200 fine; second offense: $300 fine; subsequent offenses: $500 fine. |
| Nevada | Yes | All drivers | First offense: $50 fine; second offense (within seven years): $100 fine; subsequent offenses (within seven years): $250 fine. |
| New Hampshire | Yes | All drivers | $100 fine. |
| New Jersey | Yes | All drivers | $100 fine. |
| New Mexico | In-state vehicles | All drivers | First offense: $25 fine; subsequent offenses: $50 fine. |
| New York | Yes | All drivers | Fine of $150 plus mandatory fees up to $85. |
| North Carolina | No | All drivers | Novice drivers: $25 fine; adult drivers: $100 fine. |
| North Dakota | No | All drivers | Fine of $100. |
| Ohio | No | All drivers | Up to $150 fine. Up to a $300 fine for novice drivers. |
| Oklahoma | Drivers with permits | All drivers | Suspended or revoked driver's license. |
| Oregon | Yes | All drivers | Fine of $142. |
| Pennsylvania | No | All drivers | Fine of $50. |
| Rhode Island | No | All drivers | First offense: $85 fine; second offense: $100 fine; subsequent offenses: $125 fine. |
| South Carolina | No. | All drivers | Fine amount varies by county. |
| South Dakota | No. | All drivers | Fine of $100. |
| Tennessee | No. | All drivers | Fine of $50 plus court costs (not to exceed $10). |
| Texas | No. Banned in school zones | All drivers | No penalty. |
| Utah | No | All drivers | Fine of $750 and/or jail time of up to three months. |
| Vermont | Yes | All drivers | First offense: $100 fine; subsequent offenses (within two years): $250 fine |
| Virginia | No | All drivers | First offense: $125 fine; subsequent offenses: $250 fine. |
| Washington | Yes | All drivers | First offense: $124 fine. |
| West Virginia | Yes | All drivers | First offense: $25 fine; second offenses: $50 fine; subsequent offenses: $75 fine. |
| Wisconsin | No | All drivers | Fine of $20 to $400, and up to four points on driving record. |
| Wyoming | No | All drivers | Up to a $75 fine. |
While not strictly prohibited in many states, the use of handheld devices can lead to a ticket if you are caught in states that do ban it. The tickets that result from getting caught using a handheld device in states that prohibit such use can cause your car insurance premiums to go up.
Why It’s Dangerous
Regardless of the laws, it’s risky to use a handheld phone while driving. Distracted drivers and distracted driving was responsible for 2,841 deaths in 2018 according to the National Highway Traffic Safety Administration. Texting while driving is especially dangerous, because reading and writing text messages involves visual, manual, and cognitive distraction.
Safer Alternatives
If you do have a handheld device, the safest thing to do is stay off social media and refrain from cellphone use while operating your vehicle. If you spend a lot of time driving and can’t always pull over or have a passenger monitor your messages and take your calls, consider investing in voice-activated, hands free device. These will allow you to take calls or (if the device or app provides dictation) send and hear texts without taking your eyes off of the road or your hands off of your steering wheel. However, that’s not a perfect solution, since you will still be distracted.
