Distracted driving laws prohibit handheld phone use, texting, and other behavior that pulls a driver’s attention from the road, and they apply in some form in nearly every state. Thirty-three states and the District of Columbia ban handheld phone use for all drivers, and virtually every state bans texting behind the wheel.1Governors Highway Safety Association. Distracted Driving Laws Penalties start with a fine and license points. They can end in a felony conviction when someone is hurt or killed. In 2024, distracted driving killed 3,208 people and injured an estimated 315,167 more.2NHTSA. Distracted Driving in 2024
What the Laws Actually Prohibit
The clearest rules target phones. “Handheld use” means any physical contact with the device, whether you’re cradling it against your shoulder, holding it in your palm, or reaching for it. Hands-free alternatives — Bluetooth, a dashboard mount, a built-in vehicle system — are the legal substitute in states with handheld bans.
Texting bans go further and are nearly universal. They cover typing, reading, or sending any electronic message, including standard texts, email, and app-based messaging. Voice-to-text is generally allowed as long as you activate it without manually tapping or scrolling. Tapping one button to launch voice commands is usually fine. Swiping through a thread is not.
Phones aren’t the only thing that can get you a ticket. Eating behind the wheel, reading a paper map, or grooming in the mirror can all draw a citation under general careless driving or failure-to-maintain-control statutes that exist in most states. Officers don’t need to see a phone in your hand. If your behavior shows you weren’t paying attention and it created a hazard, that’s enough.
Stricter Rules for Novice Drivers
Drivers under 18 with a graduated license face tighter restrictions. Thirty-six states and D.C. ban novice drivers from using any cellphone while driving, including hands-free devices.1Governors Highway Safety Association. Distracted Driving Laws Several states impose immediate license or permit suspensions for a first violation, with longer suspensions for repeat offenses.
Rules for Commercial and Federal Drivers
Commercial motor vehicle operators are held to federal standards that go beyond state law. Under 49 CFR 392.82, no CMV driver may use a handheld mobile phone while driving, and no motor carrier may allow or require them to.3eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone A separate regulation bans CMV drivers from texting, defined broadly to include email, instant messaging, web browsing, and pressing more than a single button to start or end a voice call.4eCFR. 49 CFR Part 383 – Commercial Driver’s License Standards, Requirements and Penalties
Drivers face civil penalties up to $2,750 per violation. Employers who allow or require phone use can be fined up to $11,000.5FMCSA. Mobile Phone Restrictions Fact Sheet Multiple violations are classified as serious traffic offenses and can result in CDL disqualification for up to 120 days.6FMCSA. No Texting Rule Fact Sheet The only exception is using a handheld phone to contact law enforcement or emergency services.
Federal employees have their own rule. Executive Order 13513 prohibits texting while driving a government vehicle, while driving a personal vehicle on official government business, or while using government-issued electronic equipment behind the wheel.7GovInfo. Executive Order 13513 – Federal Leadership on Reducing Text Messaging While Driving The order’s definition of texting also covers email, instant messaging, and entering navigation information by hand.
How Police Can Stop You
Enforcement comes in two flavors, and the difference affects how likely you are to actually get pulled over. Under primary enforcement, an officer can stop you solely because they saw you holding a phone or texting. No other violation is needed. Every state with a handheld ban uses this model except Alabama and Missouri.1Governors Highway Safety Association. Distracted Driving Laws
Under secondary enforcement, police can only cite you for distracted driving after stopping you for something else, like speeding or running a stop sign. The distracted driving charge is added to the primary offense. In practice, secondary enforcement means fewer tickets.
Fines, Points, and License Consequences
A first-offense distracted driving ticket typically carries a base fine between $50 and $200, depending on where you’re cited. Second and third offenses climb to $500 or more in many places. Court costs, administrative surcharges, and processing fees add anywhere from $30 to over $250 on top of the base fine, sometimes nearly doubling what you pay.
Several states impose enhanced penalties in work zones and school zones, where fines are often doubled or carry separate surcharges. Drive through those areas regularly and the risk compounds.
Most states also assess demerit points against your record for a conviction, typically between one and five depending on the jurisdiction. Hit your state’s threshold within a given timeframe and your license is suspended automatically, usually for 30 to 90 days on a first suspension. Reinstatement generally involves administrative fees, and some states require a driver improvement course before restoring your privileges. For novice drivers, some states suspend the permit on the first distracted driving conviction without waiting for points to accumulate.
When Distracted Driving Becomes a Crime
A standard ticket is a traffic infraction or minor misdemeanor. When distracted driving causes serious injury or death, prosecutors can escalate the charge sharply. Depending on the state, a driver who kills someone while texting can face vehicular manslaughter or vehicular homicide, both felonies carrying years in prison.
The pivot point is whether the driver’s behavior rises beyond ordinary carelessness to something a prosecutor can call reckless. Texting is one of the strongest cases for that argument because the driver made a deliberate choice to look away from the road. Phone records showing active texting in the moments before a fatal crash are powerful evidence. A conviction leaves a criminal record that affects employment, housing, and civil rights long after any sentence is served.
Insurance and Civil Liability After a Crash
A conviction follows you into your insurance file. On average, premiums rise roughly 23% after a distracted driving ticket, and most insurers keep the violation on your rating profile for three to five years. If the violation also carried demerit points or was connected to a crash, the increase can be steeper, and multiple violations can move you to a high-risk tier entirely.
If you injure someone, you face civil liability separate from any criminal case. In many states, violating a distracted driving statute triggers a doctrine called negligence per se: the violation itself proves the driver acted negligently. The injured person still has to prove their damages were caused by that negligence, but they no longer need to convince a jury that the driver’s conduct was unreasonable. The statute does that work for them.
In extreme cases, plaintiffs may seek punitive damages on top of compensation for medical bills, lost income, and pain. Punitive damages punish and deter, and they’re reserved for conduct beyond ordinary negligence. A driver streaming video or playing a game at the time of a crash presents a stronger case for them than someone who glanced at a notification. Punitive damages are only available through a court verdict, not an insurance claim.
If an Employee Was Driving for Work
Employer liability is one place these laws reach further than drivers expect. Under respondeat superior, a company can be held liable when an employee causes a crash while driving within the scope of their job. If the employee was responding to a work email, taking a business call, or using a company-issued device at the time, the case for employer liability strengthens.
Workplace policies are the main defense. The National Safety Council recommends policies that prohibit handheld and hands-free device use in company and personal vehicles used for work, cover all employees, require written acknowledgment, and are actively enforced. A company that knew its drivers were using phones and did nothing about it stands in a far worse legal position than one with a clear, enforced prohibition.