Everything You Need to Know About Delaware’s Texting and Driving Laws

By Delaware law, texting and driving is a primary offense that carries a minimum $100 fine and demerit points.
Written by Maxine Boyko
Reviewed by Jessica Barrett
In August 2016, Delaware doubled the base fine for distracted driving to $100 for the first offense and $200 to $300 for subsequent offenses. 
Delaware was the 30th state in the country to ban texting and driving. They report that a quarter of all accidents in the state are due to distracted driving. 
The Delaware Office of Highway safety claims that half of the state’s distracted driving accidents are caused by drivers under 30. The law is cracking down on texting while driving by upping the fine amounts to some of the highest in the country.
Every state has its own set of laws for texting and driving, and it’s important to know yours. In this article,
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will review Delaware's texting and driving laws, including the penalties for violating them. We’ll also cover the exclusions to the rules—and how you can save big on your
Delaware car insurance costs
.
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What are the texting and driving laws in Delaware?

Texting while driving in Delaware is breaking primary law, which means if a law enforcement officer catches you, they have the right to pull you over and ticket you. 
The Delaware Department of Motor Vehicles prohibits vehicle operators from reading, sending, or receiving text messages while behind the wheel. Additionally, distracted driving laws ban using any hand-held devices while driving. Some of the banned device uses include: 
  • Cell phones
  • PDAs
  • Paging devices
  • Laptops
  • Game consoles
  • Tablets
Delaware law is ambiguous when it comes to receiving or sending texts while you’re stopped at a red light. While the law states that it’s prohibited to use a device while the vehicle is in motion, you should note that you could still potentially get ticketed while stopped in traffic. It’s safest to wait until you’re completely stopped and out of the roadway.

What are the penalties for texting and driving in Delaware? 

The penalties for texting while driving in Delaware are fines. There is a $100 fine for the first offense, and penalties increase with each subsequent offense. 
According to the
Delaware Motor Vehicle Code 4176C
, there are additional fees on top of the original penalty fines. Here are the possible penalties for texting while at the wheel and the added court fees:
Offense
Fine
Added fees
1st offense
$100
$30
2nd and subsequent offense
$200 - 300
$50 - $70
Depending on the situation, you could also be charged with reckless driving, with penalties of 6 points on your driving record, $100 - $300 in fines and/or a maximum of 30 days in jail. 

Are there exceptions to Delaware’s texting and driving law? 

There are exceptions to Delaware’s texting and driving law. These exclusions include: 
  • Drivers using a device to report a crime or medical emergency
  • Drivers using a device to report a traffic accident, a serious road hazard, or a hazardous materials emergency
  • Police officers, firefighters, EMTs, paramedics, or ambulance drivers communicating within the scope of their official duties
  • Drivers reporting another vehicle that is moving in a reckless, careless, or dangerous manner or to report a suspected DUI
  • Drivers operating an unregistered tractor, truck, or other farm equipment
  • A person using a hands-free communication device without holding the device in their hands
Drivers can also handle their phones to activate or deactivate hands-free equipment.

Are there special rules about texting and driving for young drivers? 

There are special rules and penalties for young drivers who text and drive.
A young driver with a learner’s permit may not use a cell phone of any kind while driving, including hands-free devices. However, the permit holder is permitted to text while in their vehicle if they pull off out of traffic and park. 
If a minor is found to violate this law, they may face a one-month license suspension for the first offense and three months license suspension for subsequent offenses. 
Key Takeaway It is illegal to text while driving in Delaware unless you use a hands-free device as an adult. As a minor, you can text only if you pull to the side of the road and park.

Can texting and driving raise my insurance premium?

Texting and driving in Delaware probably won’t increase your insurance premium. Since Delaware doesn’t use a points system to track texting and driving infractions, it won’t show up on your driving record for your insurance company to see. 
However, driving while distracted could lead you to get into an at-fault accident or commit a different moving violation. This will increase your insurance rates, so it’s really not worth the risk. 
Besides, paying attention while driving is simply the right thing to do to keep you and fellow passengers and drivers safe.  

How to save money on car insurance in Delaware

Delaware is small, so having such a high volume of drivers crowding the roads will lead to pretty high insurance premiums. Add in the risk of getting into an accident with a distracted driver and you may think finding cheap car insurance is just a pipe dream. 
Even if you think you have the best insurance you’re ever going to get, let the expert auto comparison app
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FAQs

In general, you can’t go to jail for texting and driving in Delaware. That said, if you are distracted and it results in another traffic violation, such as running a red light, you could be charged with reckless driving, which may come with jail time. How serious is texting and driving?
Texting while driving is a very serious offense nationwide. Delaware ranks second in the nation for vehicle deaths related to distracted driving.
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