Texting while driving is banned in 49 states, Washington D.C., and most U.S. territories, and in most of them an officer can pull you over for that alone.1Traffic Safety Marketing. Distracted Driving Law Maps Montana is the only state without a statewide texting prohibition that covers all drivers. A first-offense fine typically falls between $50 and $200, but the real cost usually comes later, through points on your license, higher insurance premiums, and much steeper exposure if texting leads to a crash. Distracted driving killed 3,275 people in 2023.2National Highway Traffic Safety Administration. Distracted Driving Dangers and Statistics
Where the Ban Applies and How Far It Goes
Not every state draws the line in the same place. Some have a narrow texting ban that specifically prohibits reading, writing, or sending text-based messages behind the wheel. More than 30 states have gone further and enacted full hands-free laws that bar holding any electronic device while driving, which sweeps in phone calls without a hands-free system, scrolling social media, and browsing the internet along with texting.1Traffic Safety Marketing. Distracted Driving Law Maps The direction has clearly been toward the broader rule, so a state with a texting-only law today may not have one much longer.
Primary vs. Secondary Enforcement
How a ban is enforced matters as much as what it says. Under primary enforcement, an officer can stop you and write a ticket for texting with no other violation. Under secondary enforcement, you can only be cited for texting if you were already stopped for something else, like speeding or running a red light.3Bureau of Transportation Statistics. State Laws on Distracted Driving – Ban on Hand-Held Devices and Texting While Driving The large majority of states treat the texting ban as a primary offense. Only about six use secondary enforcement.
What Counts as Texting Under the Law
Most state laws define the prohibited conduct broadly. You don’t have to be mid-sentence to get a ticket. Reading a text, composing an email, or scrolling through instant messages all qualify. The common thread is manual interaction with a device for communication while the vehicle is in motion.
GPS and music apps get treated differently depending on the state. Many jurisdictions allow these functions if your phone is mounted and you only need a single tap or swipe. Prolonged scrolling through a navigation app, or typing an address while driving, can still draw a citation.
Every state with a ban carves out room for emergencies. Calling 911 or reporting a dangerous situation to law enforcement is universally permitted, and most states also exempt on-duty law enforcement and emergency medical personnel.
Teen and Novice Drivers Face a Stricter Rule
If you have a learner’s permit, an intermediate license, or in some states if you’re simply under 18, the baseline texting ban is not the rule that applies to you. More than 35 states and Washington D.C. ban all cell phone use for teen or novice drivers, including hands-free calls.4National Highway Traffic Safety Administration. GDL Cell Phone Restrictions Parents and teen drivers should check the graduated licensing rules in their state because the general “no texting” law is only the floor.
Fines and Points for a First Offense
First-offense fines vary widely. A handful of states cap the fine around $25. Most states land somewhere between $50 and $200. Alaska is the outlier on the high end, treating texting while driving as a criminal misdemeanor where a first offense can carry up to $10,000 in fines. Repeat violations push the penalty up sharply almost everywhere.
Many states also add points to your driving record for a texting violation. Enough points over a set period can lead to license suspension, and even a single ticket can show up when your auto insurer pulls your record at renewal.
When a Ticket Becomes a Criminal Charge
A texting ticket on its own is usually a traffic infraction. That changes if distracted driving causes a crash. When texting leads to serious injury or death, prosecutors in many states can bring charges including vehicular manslaughter, reckless driving, or negligent homicide. Convictions carry substantial jail time, large fines, and a permanent criminal record.
Insurance and Civil Lawsuits
A single distracted-driving citation raises auto insurance premiums by about 28% on average, with the actual increase ranging from roughly 9% to over 50% depending on the state and insurer. That bump typically sticks for three to five years, so a modest fine can translate into hundreds or thousands of dollars in higher premiums.
Civil exposure can be larger still. In many states, violating a texting ban can serve as direct evidence of negligence in a personal injury lawsuit through a doctrine called negligence per se. The injured person doesn’t have to prove you were careless; they only have to show you broke the law and that the violation caused the harm. In cases involving extreme recklessness, courts may also award punitive damages. A texting-related crash can create liability well beyond what your insurance will cover.
Commercial Drivers Follow a Separate Federal Rule
If you drive a commercial motor vehicle, federal law applies on top of your state’s rules and is stricter. The Federal Motor Carrier Safety Administration prohibits all texting while operating a CMV, including when the vehicle is temporarily stopped in traffic or at a red light. The only exception is contacting law enforcement or emergency services.5eCFR. 49 CFR 392.80 – Prohibition Against Texting
A commercial driver caught texting faces fines up to $2,750, and employers who require or allow texting while driving can be fined up to $11,000.6Federal Motor Carrier Safety Administration. Distracted Driving A texting violation also counts as a serious traffic offense under federal regulations, which can trigger a 60-day disqualification from operating a commercial vehicle. A second serious violation within three years extends the disqualification to 120 days.
How to Confirm Your State’s Current Rule
Because these laws have changed quickly, older online summaries can mislead you. A guide written in 2020 may describe a texting-only ban that has since been replaced by a full hands-free law. Your state’s Department of Motor Vehicles website is the fastest reliable source, and your state legislature’s website lets you pull up the actual statute by searching “distracted driving” or “electronic device” in the traffic code. The Bureau of Transportation Statistics also keeps a regularly updated table of state distracted-driving laws that works as a starting point before you confirm the details with your state.3Bureau of Transportation Statistics. State Laws on Distracted Driving – Ban on Hand-Held Devices and Texting While Driving