Using a cell phone while behind the wheel of a car has become a hot-button issue in recent years. Distracted driving, as it's commonly referred to, is currently a leading cause of motorist deaths in the United States.
According to the United States Department of Transportation, there are over 1,600,000 car crashes every single year caused by cell phone use in the United States. Over 3,400+ people died from texting and driving in 2018 alone. With hard-hitting data, laws are continually being developed surrounding cell phone use and distracted driving in America.
Is it Illegal to Drive While on the Phone?
You might be wondering if it’s illegal to drive while you’re on the phone. The answer varies depending on where you live. Distracted driving has always been an issue in one form or another, but it wasn’t until cell phone use became mainstream that driving and talking on the phone became an overwhelming issue.
Despite the increase of accidents related to distracted-driving and talking on the phone while driving, most states have slightly different laws. While state-to-state legislation has moved toward more strict laws, much depends on funding, advocacy, and whether or not the state views it as a priority. Any car accident will show as a blemish on your driving record and too many infractions or accidents can lead to having a bad driving record, or even worse, you may be classified as a high risk driver.
It’s not illegal in some states to talk on your cell phone while driving unless you are under the age of eighteen. Texting while driving is an entirely different case and, in states where the eighteen-and-under law exists, it’s entirely illegal to text or read texts while driving regardless of age.
The bottom line is, it’s complicated and varies from state to state. We’ll go on a full rundown on a state-by-state basis shortly to help you know the laws in your own state and understand the laws of any state that you pass through on your next road trip.
Why Would You Drive While on the Phone?
Driving makes you tired. Much of the time, when we’re driving, we fall into this autopilot state where we don’t even realize what we’re doing. We’ve put in our 10,000 hours, mastered life behind the wheel, and we do it so often that it becomes second-nature.
So, why do we use the phone to talk or text while behind the wheel? Stimulation. Your mind would rather do something than do nothing, even if that something is considered dangerous. We’re hardwired to stave-off boredom at any cost. Scientists have learned that your mind needs something to do, something to stimulate you, even in potentially dangerous situations. (This video talks about it – 2:16-6:05 - https://www.youtube.com/watch?v=iqKdEhx-dD4)
When we feel tired, or bored, our brains want to occupy our time with stimulation (potentially to prevent getting injured from falling asleep behind the wheel), but then we come full circle to another fact: we’re social creatures. Talking, texting, or checking your social media profiles on your phone is a form of socialization and a dopamine hit at the same time.
We repeat this cycle. It takes self-discipline to not crave and trigger that dopamine hit. Forty-eight percent of drivers admit to answering their cell phones while on the road, and 58% of that portion will continue to talk on the phone while driving, knowing full-well that it is a distraction and potentially dangerous. It comes down to giving in to temptation, because the truth is, we all know the dangers.
While nearly all demographics might text and talk while driving, teens are the most likely to do so, which is one of the main reasons why laws are becoming more strict more quickly.
What Happens if You Are Caught Using Your Phone While Driving?
That’s what we’re all here to find out; what consequences will we face for interacting with our phones while driving? It depends on the state, and it depends on the specific offense.
Texting while driving can incur fines from $50 up to $500+, depending on where you are. Some states have no bans, and some let you off with a warning. Few states carry a harsher penalty, although some will label this as a misdemeanor offense, and it may result in up to one year of jail time.
Talking on the phone while driving (when the phone is handheld) may cause license suspensions, fines, points on your driving record, vehicle forfeiture, and in rare cases, short sentences of 30 days or less in jail.
It’s time to look at a state-by-state comparison of these laws and prepare you for anything you might face on the road. Remember that laws are always changing and getting a ticket for distracted driving may increase your car insurance premiums.
Driving Laws State by State
Here's a closer look at each state's specific laws regarding phone use while driving:
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Alabama
In the state of Alabama, it’s legal to talk on your phone while driving. However, it’s illegal to text while driving, which may result in two points on your license. In addition to points on your license, a $25 first-time offense fine will be issued.
These fees will increase as subsequent offenses occur, partially dependent on the time between incidents. 16-year-old drivers are strictly prohibited from using cell phones while behind the wheel. 17-year-old drivers may not use a cell phone while driving unless they have held an intermediate license for more than six months.
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Alaska
In the state of Alaska, it is legal to talk on your phone while driving. It’s illegal to text while driving, which may result in two points on your license. In addition to points on your license, a $500 first-time offense fine will be issued. These fees will increase as subsequent offenses occur. Alaska is known for its harsh penalties on distracted driving.
Texting while driving runs the risk of being counted as a misdemeanor with a potential one-year jail sentence. These extreme cases are unlikely, but not off the table for repeat offenders. There is no age-related ban on cell phone use for this state.
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Arizona
In the state of Arizona, it is illegal to talk on your phone while driving, effective January 1st, 2021. It’s also illegal to text while driving. Arizona was previously one of three states to have absolutely no laws regarding handheld cell phone use while driving.
Drivers operating on a learner’s permit and drivers in the first six months of their intermediate license may not use cell phones.
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Arkansas
In the state of Arkansas, it’s only illegal to talk on your phone while in a school or construction zone. It is illegal to text while driving, which may incur a $100 fine for first offenses, with subsequent offenses running the risk of higher fines. No points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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California
In the state of California, it is illegal to talk on your phone while driving unless you use a hands-free capable device. You may incur fines up to $20 for first offenses and up to $50 for second and subsequent offenses. It’s also illegal to text while driving, which may incur a fine up to $20 for your first offense, and $50 for additional offenses. No points will be taken off your license. Drivers under the age of 18 who use a cell phone while driving may be stripped of their driving privileges.
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Colorado
In the state of Colorado, it is legal to talk on your phone while driving but illegal to text while driving, which may incur fees up to $300 for a first offense, and larger fines for subsequent offenses depending on the severity. Up to four points may be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Connecticut
In the state of Connecticut, it’s illegal to talk on your phone while driving unless you use a hands-free device. Doing so may incur fines up to $140 for first offenses, up to $300 for second offenses, and up to $500 for third and subsequent offenses.
It is also illegal to text while driving, which may incur fines up to $150 for a first offense, fines up to $300 for second offenses, and up to $500 for third and subsequent offenses. No points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving, even if it is hands-free.
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Delaware
In the state of Delaware, it’s illegal to use a handheld device while driving, though you can go hands-free or voice-activated and be fine; you may incur fines up to $100 for first offenses, and up to $300 for second and subsequent offenses. It is also illegal to text while driving, which may incur a fine up to $100 for your first offense, and up to $300 for second and subsequent offenses but no points will be taken off your license.
Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Florida
In the state of Florida, you can talk on your phone while driving unless you are in a school or construction zone. However, it is illegal to text while driving or even enter GPS data while on the road, which may incur a fine up to $30 for a first offense. Subsequent offenses may not exceed a $30 fine but will result in harsher license penalties.
You might receive up to three points on your license for a second offense, which can be compounded with two additional points if the offense was in a school zone, and six points if you caused a car accident. There is no cell phone ban for drivers under the age of 18.
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Georgia
In the state of Georgia, it is illegal to hold your phone while driving, though you can make calls if you have a hands-free, voice-activated option. You may incur fines up to $50 for first offenses, $100 for second offenses, and up to $150 for third and subsequent offenses. It’s also illegal to text while driving, which may incur a fine up to $30. There are no further penalties for subsequent fines, although you will receive one point on your license for each offense. There is no specific cell phone ban for drivers under the age of 18.
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Hawaii
In the state of Hawaii, it is illegal to make use of a handheld device while driving, including GPS, and you may incur fines up to $250 for first offenses, or up to $300 if that offense is in a school or construction zone. You can use hands-free devices. It’s also illegal to text while driving, which may incur a fine up to $240 for a first offense, or up to $300 if the incident occurred in a school zone or construction zone. No points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Idaho
In the state of Idaho, it’s not a problem to talk on your phone while driving. It is, however, illegal to text while driving, which will incur a particular fine of $81.50. No points will be taken off your license and there is no cell phone ban for drivers under the age of 18.
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Illinois
In the state of Illinois, it is illegal to talk on your phone while driving unless you are using hands-free mode, and you may incur fines up to $75 for first offenses, up to $100 for second offenses, and up to $125 for third and subsequent offenses. It’s also illegal to text while driving, which will incur a first offense fee of $75, a second offense fee of $100, and a third offense fee of $125; subsequent offenses will incur the highest fee again.
No points will be taken off your license. Drivers under the age of 19 are strictly prohibited from using a cell phone while driving.
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Indiana
In the state of Indiana, there are no legal issues with talking on your phone while driving as long as you use a hands-free device as of July 1, 2020. It is illegal to text while driving and may incur a fine up to $500 for a first offense. There are no exceptions for subsequent offenses, and no points will be taken off your license. Drivers under the age of 21 are strictly prohibited from using a cell phone while driving.
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Iowa
In the state of Iowa, it is legal to talk on your phone while driving if you can use a hands-free or voice-activated device. However, it is illegal to text while driving, which will incur a fine up to $30 for a first offense. Court-related costs may increase this fine up to around $100 but no points will be taken off your license. Learners permit and intermediate license holders may not use a cell phone while driving.
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Kansas
In the state of Kansas, it’s fine to talk on your phone while driving, though you should certainly be aware of your surroundings. However, it is illegal for anyone to text while driving and may incur a fee of up to $60 for a first offense and subsequent offenses but no points will be taken off your license. Learners permit and intermediate license holders may not use a cell phone in any way while driving.
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Kentucky
In the state of Kentucky, it’s legal to talk on your phone while driving, for now, though some lawmakers are looking to change that. However, it’s illegal to read, write, or send texts while driving, which may incur a fine up to $25 for your first offense, and $50 for all subsequent offenses. You may receive up to three points off of your license and drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Louisiana
In the state of Louisiana, you need not expect to be stopped if you talk on your phone while driving just yet, though there is a bill in the works to change that as of 2020. However, it is illegal to text while driving, which may incur first offense fines up to $500, and up to $1,000 for all subsequent offenses. No points will be taken off your license. It’s important to note that all drivers classified as a novice by the state of Louisiana are strictly prohibited from using a cell phone while driving.
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Maine
In the state of Maine, you can talk on your phone while driving legally, as long as it is not a handheld device – it must be in hands-free mode or voice-activated. However, it is illegal to text while driving, which may incur a fine up to $250 for a first offense and up to $500 for all subsequent offenses. No points will be taken off your license. Learners permit holders and intermediate license holders may not use a cell phone while driving.
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Maryland
In the state of Maryland, it is illegal to talk on your phone while driving unless it is a hands-free device or if you are making an emergency call to 911, an ambulance, law enforcement, etc. You may incur fines up to $75 for first offenses, up to $125 for second offenses, and up to $175 for third and subsequent offenses. It’s also illegal to text while driving, which will incur a flat fine of $500 for all offenses.
You will receive one point on your license for a violation, but three points if texting while driving causes an accident. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Massachusetts
In the state of Massachusetts, it’s alright to talk on your phone while driving. However, it is illegal to text while driving and you may incur a fine up to $100 for your first offense, $250 for your second offense, and up to $500 for third or subsequent offenses. No points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Michigan
In the state of Michigan, it’s legal to talk on your phone while driving. It is illegal to text while driving, which may incur a fine up to $100 for your first offense and up to $200 for your second and subsequent offenses. No points will be taken off your license.
Drivers operating on a learner's permit and intermediate license holders are strictly prohibited from using a cell phone while driving, except for hands-free communications (system-integrated Bluetooth).
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Minnesota
In the state of Minnesota, you can talk on your phone while driving without incurring a ticket or fine. But it is illegal to text while driving, which may incur a fine up to $50 for your first offense and up to $225 for second and subsequent offenses. No points will be taken off your license.
Drivers operating on a learner's permit or drivers operating on a provisional license in the first 12 months may not use a cell phone while driving.
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Mississippi
In the state of Mississippi, it is legal to talk on your phone while driving. However, it’s illegal to text while driving, which may incur a fine up to $100 for first and subsequent offenses. No points will be taken off your license. There is no cell phone ban for drivers under the age of 18.
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Missouri
In the state of Missouri, it is perfectly legal to talk on your phone while driving. It’s also legal to text while driving. However, all text messaging and “other use of handheld devices” is illegal while operating a motor vehicle if you are under the age of 21.
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Montana
In the state of Montana, there are no bans on any form of cell phone use while driving that cover the whole state. There are a couple counties that have bans, but technically it is generally legal to talk on your phone while driving here and also legal to text while driving. There is no cell phone ban for drivers under the age of 18.
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Nebraska
In the state of Nebraska, it is legal to talk on your phone while driving, as long as you are using a non-handheld device. It is illegal to text while driving, including reading texts, which may incur a fine up to $200 for your first offense, up to $300 for your second offense, and up to $500 for third/subsequent offenses. Additionally, up to three points may be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Nevada
In the state of Nevada, it is illegal to talk on your phone while driving; you may incur fines up to $50 for first offenses, up to $100 for second offenses, and up to $500 for third and subsequent offenses.
It is also illegal to text while driving, which may incur a fine up to $50 for first offenses, up to $100 for second offenses, and up to $250 for third and subsequent offenses. Four points may be taken off your license for second offenses, with increased penalties resulting from subsequent offenses. There is no cell phone ban for drivers under the age of 18.
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New Hampshire
In the state of New Hampshire, it is illegal to talk on your phone while driving unless using a strictly non-handheld device; you may incur fines up to $100 for first offenses, up to $250 for second offenses, and up to $500 for third and subsequent offenses.
It’s also illegal to text while driving, which may incur a fine up to $100 for first offenses, up to $250 for second offenses, and up to $500 for third and subsequent offenses. No points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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New Jersey
In the state of New Jersey, it is illegal to talk on your phone while driving unless it is in a hands-free mode. You may incur fines up to $400 for first offenses, up to $600 for second offenses, and up to $800 for third and subsequent offenses. It is also illegal to text while driving, which may incur a fine up to $400 for first offenses, up to $600 for second offenses, and up to $800 for third and subsequent offenses.
Three points may be taken off your license for a third offense, with increased penalties for subsequent offenses. Drivers operating on a learner's permit and intermediate license holders are strictly prohibited from using a cell phone while driving.
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New Mexico
In the state of New Mexico, it is legal to talk on your phone while driving only if you are using a hands-free device. It’s illegal to text while driving except for very rare occasions when there is an emergency. Doing so when there is no emergency may incur a fine up to $25 for first offenses, and up to $50 for second and subsequent offenses. No points will be taken off your license. Drivers operating on a learner's permit and intermediate license holders are strictly prohibited from using a cell phone while driving.
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New York
In the state of New York, it’s illegal to talk on a handheld phone or device while driving; they were actually the first state in the US to ban the use of handheld devices while driving. You may incur fines up to $200 for first offenses, up to $250 for second offenses, and up to $450 for third and subsequent offenses. It is equally illegal to text while driving and doing so may incur a fine up to $200 for first offenses, up to $250 for second offenses, and up to $450 for third and subsequent offenses.
Up to five points could be taken off your license but there are not harsher penalties for fourth and subsequent offenses. There is no cell phone ban for drivers under the age of 18.
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North Carolina
In the state of North Carolina, it is legal to talk on your phone while driving if you are over the age of 18. It is not legal to text while driving and doing so may incur a fine up to $100 for first and subsequent offenses, though no points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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North Dakota
In the state of North Dakota, it is legal to talk on your phone while driving as long as you use a hands-free mode. It is illegal to text or email while driving, which may incur a fine up to $100 for first and subsequent offenses, though no points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving, even hands-free.
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Ohio
In the state of Ohio, it is legal to talk on your phone while driving, though you are expected to use a hands-free mode. It is, however, illegal to text while driving, which may incur a fine up to $150 for first and subsequent offenses. This is true for any device: phone, tablets, laptops. No points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone in any way while driving.
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Oklahoma
In the state of Oklahoma, it is legal to talk on your phone while driving whether you use a hands-free device or not. However, it’s illegal to text while driving and you may incur a fine up to $100 for first and subsequent offenses, though no points will be taken off your license. Drivers with permits or graduated licenses are not allowed to use handheld devices while they driver, but they can use a hands-free device to talk on the phone.
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Oregon
In the state of Oregon, it is illegal to talk on your phone while driving unless you are using a hands-free or built-in device available in newer vehicles. You may incur fines up to $1,000 for first offenses, up to $2,500 for second offenses, and an added six-month jail sentence for third and subsequent offenses.
Since it is illegal to drive while using or even holding an electronic device, it’s certainly not legal to text while you drive. Doing so may incur a fine up to $1,000 for first offenses, up to $2,500 for second offenses, and another $2,500 fine plus a six-month jail sentence for third and subsequent offenses. No points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Pennsylvania
In the state of Pennsylvania, it is legal to talk on your phone while driving. However, it’s illegal to text while driving and you may incur a fine up to $50 for first and subsequent offenses, though no points will be taken off your license. Drivers under the 18 years of age are expected to avoid using phones while they are behind the wheel, even if their vehicle is stopped.
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Rhode Island
In the state of Rhode Island, it is illegal to talk on your phone, or use any handheld device, including simply holding your phone, while driving. You may incur fines up to $100 for any offense in this regard. It’s also illegal to text while driving, which may incur a fine up to $100 for first and subsequent offenses, but no points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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South Carolina
In the state of South Carolina, there is currently no law against talking on the phone while driving, though there was an attempt to pass such a law very recently. It is illegal to text or even read a text while driving, which may incur a fine up to $25 for first and subsequent offenses. No points will be taken off your license. There is no cell phone ban for drivers under the age of 18.
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South Dakota
In the state of South Dakota, it is legal to talk on your phone while driving, though you should be using a hands-free device or holding the phone to your ear as an officer may think you are texting otherwise. It’s illegal to text while driving, which may incur a fine up to $100 for first and subsequent offenses, though no points will be taken off your license. Drivers operating on a learner's permit and intermediate license holders are strictly prohibited from using a cell phone while driving.
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Tennessee
In the state of Tennessee, it is legal to talk on your phone while driving but it is illegal to hold a phone while driving, so you will have to use a hands-free or integrated device. It’s illegal to text while driving, which may incur a fine up to $50 for first and subsequent offenses but take no points off your license. Drivers operating on a learner's permit or intermediate license holders are strictly prohibited from using a cell phone while driving.
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Texas
In the state of Texas, it is legal to talk on your phone while driving but it is illegal to use your phone if you do not have a hands-free option. It’s also illegal to text while driving and you may incur a fine up to $99 for your first offense, and up to $200 for your second offense. No points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Utah
In the state of Utah, it is legal to talk on your phone while driving while using a hands-free device. Technically, you cannot make a call if you must hold the phone to your ear, but it is only a secondary offense, meaning the police cannot pull you over unless you commit another infraction other than using a phone while driving. However, it is illegal to text while driving, and you may incur a fine up to $750 for all offenses, though no points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Vermont
In the state of Vermont, it is illegal to talk on your phone while driving unless you are using a hands-free device; you may incur fines up to $200 for first offenses, and up to $500 for second and subsequent offenses. It is also illegal to text, email, or even use the internet while driving and you may incur a fine up to $200 for first offenses, and up to $500 for second and subsequent offenses. No points will be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Virginia
In the state of Virginia, a law going into effect at the beginning of 2021 bans the use of handheld devices while driving. It is illegal to text while driving on highways and to have a cell phone in your hand while driving through a work zone, which may incur a fine up to $125 for first offenses, and up to $250 for second and subsequent offenses. Up to three points can be taken off your license. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Washington
In the state of Washington, it is illegal to talk on or hold your phone while driving, though you could use the device if you have a hands-free option. You may incur fines up to $136 for first offenses, and up to $234 for second and subsequent offenses. It is also illegal to text while driving, which may incur a fine up to $136 for first offenses, and up to $234 for second and subsequent offenses, though no points will be taken off your license. You should also keep in mind that Washington goes even further with its distracted driving law, covering topics such as eating, applying makeup, and even drinking your morning coffee while driving.
Drivers operating on a learner's permit and intermediate license holders are strictly prohibited from using a cell phone while driving.
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West Virginia
In the state of West Virginia, it is illegal to talk on your phone while driving unless you are specifically using a hands-free mode. You may incur fines up to $100 for first offenses, $200 for second offenses, and up to $300 for third and subsequent offenses. It is also illegal to text while driving, which may incur a fine up to $100 for first offenses, up to $200 for second offenses, and up to $300 for third and subsequent offenses. Drivers under the age of 18 are strictly prohibited from using a cell phone while driving.
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Wisconsin
In the state of Wisconsin, it is legal to talk on your phone while driving if you use a hands-free device. However, you should be aware that there is an exception; when you are driving through a work zone you may not use a handheld device. It’s illegal to text while driving, which may incur a fine up to $400 for all offenses. Four points may be taken off your license, with the potential to receive harsher penalties on your license for subsequent offenses.
Drivers operating on an instruction permit or probationary license holders are strictly prohibited from using a cell phone while driving.
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Wyoming
In the state of Wyoming, it is legal to talk on your phone while driving if you are using a hands-free or voice-operated device. However, it’s illegal to text while driving, which may incur a fine up to $75 for all offenses. No points will be taken off your license. There is no cell phone ban for drivers under the age of 18, except for the ban on texting which applies to everyone.
Final Thoughts
First and foremost, driving while talking on a cell phone puts you at an increased risk of causing an accident and potentially hurting yourself and someone else. However, even if you don't wind up in an accident, you still run the risk of receiving fines, penalties against your driving record, and other potential punishments.
Please Note: State and federal laws are rapidly evolving. We will do our best to ensure this page remains updated to the best of our abilities. Always check up on your state and local laws to ensure you’re in full compliance.