All 50 states ban texting while driving. Here's what the laws are, penalties by state, and why hands-free isn't always legal.
That text message can wait. But the law doesn't wait to punish you for sending it.
All 50 states now ban texting while driving. Yet drivers still send 96 million texts per day while behind the wheel. Every sixth text is sent from someone driving. And every one of those texts—a quick "lol," a question about plans, even a thumbs-up emoji—takes your eyes off the road for an average of 4.6 seconds. At 55 mph, that's like driving the length of a football field blind.
This isn't just a safety issue. It's a legal one. And for new drivers, the penalties are harsher, the fines steeper, and the insurance impact longer-lasting.
If you're unsure about the specific laws in your state, or you think hands-free makes you legal, this guide clears it up—with the full text of penalties by state, real consequences, and what "hands-free" actually means under the law.
In 2009, Washington became the first state to ban texting while driving. Today, all 50 states plus the District of Columbia have comprehensive texting bans.
But "comprehensive" doesn't mean identical. Here's why the details matter:
Primary Offense (36 states + DC): Police can pull you over solely for texting. You don't need to have committed another traffic violation. If an officer sees you texting at a red light, they can stop you, issue a citation, and fine you.
Secondary Offense (14 states): Police can cite you for texting only if you've also committed another traffic violation (speeding, running a stop sign, failure to maintain lane, etc.). If you're texting but otherwise driving legally, an officer may see it but cannot legally pull you over.
States with Secondary Offense:
Nearly all states allow hands-free use (voice commands, Bluetooth, dashboard-mounted phones). However, the law varies:
The safest assumption: keep your eyes on the road, whether you're using hands-free or not. The law permits hands-free; your judgment determines whether it's safe.
| State | Offense Type | Fine (First) | License Impact | Points | Age-Specific Rules |
|---|---|---|---|---|---|
| Alabama | Secondary | $25–50 | None direct | 0–2 | Restricted for under-21 |
| Alaska | Secondary | $50 | None direct | 0 | Mandatory for under-18 |
| Arizona | Primary | $75–150 | Warning letter (1st) | 3 | Restricted for under-18 |
| Arkansas | Secondary | $50–100 | None direct | 0–1 | Stricter for under-18 |
| California | Primary | $162–$286 (minimum due to penalty assessments) | Warning letter first, suspension possible | 1 | $20–50 base fine under-18 |
| Colorado | Primary | $130 | None direct | 4 | Mandatory for learner's permit |
| Connecticut | Primary | $150 (min) | 30-day suspension (1st) | 2 | Higher fines for minors |
| Delaware | Primary | $100–200 | Possible license restriction | 3 | Mandatory for under-18 |
| Florida | Primary | $30–$500 | Points accumulation | 6–8 | Stricter for under-18 |
| Georgia | Secondary | $100–$400 | Possible suspension | 1–4 | Mandatory restrictions |
| Hawaii | Secondary | $25–$100 | None direct | 0–1 | Stricter for under-21 |
| Idaho | Primary | $75–500 | Possible suspension | 4 | Enhanced penalties minors |
| Illinois | Primary | $120 | 1-year first offense | 20 points | Under-21: 6 months |
| Indiana | Primary | $500–$1000 | Possible suspension | 6 | Enhanced for under-18 |
| Iowa | Primary | $250–$1000 | License suspension possible | 4 | Double fine for minors |
| Kansas | Secondary | $60–150 | None direct | 0–3 | Mandatory for under-18 |
| Kentucky | Primary | $25–100 | None direct | 2–6 | Stronger penalties minors |
| Louisiana | Primary | $61–200 | Possible suspension | 3 | Enhanced for under-18 |
| Maine | Primary | $102–$500 | Possible suspension | 3 | Mandatory for permit holders |
| Maryland | Primary | $75–$100 | Possible suspension | 1 | Double fine under-18 |
| Massachusetts | Primary | $100–$400 | Suspension possible (2nd) | 4 | Enhanced under-18 |
| Michigan | Primary | $100–$500 | Possible suspension | 2–4 | Mandatory for young drivers |
| Minnesota | Primary | $50–$300 | Possible suspension | 3 | Higher penalties under-18 |
| Mississippi | Secondary | $25–$100 | None direct | 1–3 | Stricter under-21 |
| Missouri | Secondary | $25–75 | None direct | 0 | Restricted for under-18 |
| Montana | Secondary | $20–$75 | None direct | 0 | Mandatory for under-18 |
| Nebraska | Primary | $75–$200 | Possible suspension | 1–2 | Enhanced for minors |
| Nevada | Secondary | $50–200 | None direct | 1–2 | Restricted for under-21 |
| New Hampshire | Primary | $100–$500 | Possible suspension | 2 | Mandatory for under-18 |
| New Jersey | Primary | $200–$800 | 30-day to 6-month (license) | 2–4 | Doubled for under-21 |
| New Mexico | Primary | $25–$100 | Possible suspension | 1 | Mandatory for under-18 |
| New York | Primary | $50–$200 (phone use ban) | 5-point violation (texting) | 2–5 | Provisional drivers stricter |
| North Carolina | Primary | $50–$200 | Possible suspension | 1–2 | Enhanced penalties minors |
| North Dakota | Primary | $50–$200 | Possible suspension | 2 | Mandatory for under-18 |
| Ohio | Primary | $99–$150 (first) | Possible suspension | 2 | Enhanced under-18 |
| Oklahoma | Secondary | $100–$200 | None direct | 0–2 | Mandatory restrictions |
| Oregon | Primary | $142–$1,000 | Possible suspension | 2 | Double penalties minors |
| Pennsylvania | Primary | $50–$300 | Possible suspension | 3 | Higher fines under-18 |
| Rhode Island | Primary | $85–$500 | Possible suspension | 3 | Double fine under-21 |
| South Carolina | Secondary | $25–$100 | None direct | 0–2 | Mandatory for under-18 |
| South Dakota | Primary | $25–$200 | Possible suspension | 2 | Mandatory for minors |
| Tennessee | Secondary | $50–$100 | None direct | 0–1 | Stricter under-21 |
| Texas | Primary | $25–$99 (texting) | Possible suspension | 0–2 | Stricter enforcement minors |
| Utah | Primary | $100–$750 | Possible suspension | 3–4 | Enhanced for under-18 |
| Vermont | Primary | $100–$750 | License suspension possible | 3–4 | Double fine under-21 |
| Virginia | Primary | $125–$250 | Possible suspension | 4 | Enhanced penalties minors |
| Washington | Primary | $136 (minimum due to assessments) | Possible suspension | 4 | Stricter under-21 |
| West Virginia | Primary | $81–$500 | Possible suspension | 3 | Mandatory for under-18 |
| Wisconsin | Primary | $67–$177 | Possible suspension | 3 | Enhanced under-18 |
| Wyoming | Primary | $25–$75 | None direct | 0 | Mandatory for minors |
| DC (Washington, D.C.) | Primary | $100–$500 | Possible suspension | 3 | Enhanced for young drivers |
Notes:
Understanding what's illegal helps you avoid unintended violations:
| Activity | Legal Status | Notes |
|---|---|---|
| Reading a text | Illegal (all states) | Merely viewing the screen counts; you don't have to respond |
| Sending a text | Illegal (all states) | Using phone keyboard or voice-to-text to compose a message |
| Composing an email | Illegal (all states) | Same as texting; email apps are included |
| Using navigation apps | Legal (with conditions) | Often allowed if mounted and voice-controlled, but screen interaction is risky |
| Voice-to-text (Siri, Google) | Legal (mostly) | Hands-free voice commands are generally legal, but distraction still counts |
| Emergency calls | Legal (all states) | Calling 911 or reporting a hazard is permitted |
| Holding phone (non-texting) | Legal (some states) | But many states have separate "distracted driving" laws that can apply |
| Phone at red light/stop sign | Illegal in most states | Many states ban hand-held use at any time, even stopped |
This is where new drivers often get confused: hands-free is legal, but it's not always safe—and it may still result in a citation.
Most states explicitly permit hands-free phone use. However:
Voice-to-text can be cited as distracted driving. Even if your hands are off the phone, if the officer believes you were distracted (looking down at the screen, fumbling with controls), they can cite you under your state's "inattentive driving" or "reckless driving" statute.
Hands-free mounted phones may be restricted. Some states prohibit screens larger than 5-6 inches from being mounted within the driver's line of sight (to reduce visual distraction).
Integrated vs. aftermarket matters. A car's built-in voice control (Apple CarPlay, Android Auto) is treated differently in some states than a phone mounted to your dashboard.
Research from the Insurance Institute for Highway Safety (IIHS) shows that:
The takeaway: Hands-free may be legal, but cognitive distraction is real. The safest choice is to address texts, calls, and navigation either before driving or after pulling over safely.
Maria, 18, gets pulled over for texting at a stop light in California. She thought she was just quickly reading a message. The officer cites her for hand-held device use while driving.
Maria pays the fine and thinks it's over. It's not.
Six months later: Maria gets a notice from her parents' insurance company. They've reviewed her driving record and discovered the texting citation. Her premium increases from $120/month to $156/month—36% spike—for the next three years.
Total cost of that 5-second text: $286 fine + $1,296 in additional insurance premiums = $1,582.
Jason, 17, is texting while driving in Tennessee (a secondary offense state). An officer follows him for a mile, watching him drift slightly between lanes. Finally, Jason crosses the center line momentarily to avoid a pothole.
The officer pulls him over. While checking Jason's license, they notice he was texting. In Tennessee, texting alone is secondary offense, but the lane drift is a primary offense. The officer can cite him for both.
Jason faces:
Total: Around $500–$600 in direct costs.
Keisha, 19, gets cited for texting in Illinois (primary offense). It's her second violation in two years. Illinois has a points-based system:
Keisha receives a notice: License suspended for 6 months.
Keisha works a part-time job 20 minutes away. Without her license, she can't get to work. She loses the job. She can't get to class some days. Her grades slip. By the time her license is reinstated, the ripple effects are just beginning.
Legal status: Illegal in most states (even stopped). Reason: Most hand-held device bans apply anytime the vehicle is in motion OR in operation. "In operation" includes sitting at a red light with the engine running.
Situation: You're using voice-to-text (hands-free) via Siri, but you glance down to see the dictation field. Legal status: Risky. An officer could cite you for inattentive driving or distracted driving, depending on state law.
Situation: You have your phone mounted on the dash running Google Maps (navigation, not texting). Legal status: Generally legal, but state rules vary on screen size and mounting location.
Situation: You see a hazardous pothole and call 911 to report it. Legal status: Legal. Emergency communications are exempt in all states.
After a texting-while-driving citation:
| Time Frame | Insurance Impact |
|---|---|
| 0–3 months | Most insurers monitor; no immediate action |
| 3–6 months | Insurer reviews and may increase premium or drop you |
| 6 months – 3 years | Premium increase of 10–30% (or policy cancellation) |
| 3–5 years | Gradual decrease if no additional violations |
| 5+ years | May fall off record or have minimal impact |
New drivers are hit harder. Insurance companies view young drivers as high-risk. A texting citation confirms that risk. Your premium increase may be steeper and last longer than a 40-year-old's for the same violation.
The fastest way to pass your test is consistent practice with real questions. Try Wheelingo free — state-specific questions, instant explanations, and a readiness score that tells you when you're ready.
Q: If I'm at a red light and texting, can I be cited? A: In most states, yes. Hand-held device bans typically apply when the vehicle is "in operation," which includes stopped at a traffic light with the engine running. The safest rule: don't touch your phone while the car is on.
Q: Is hands-free voice texting legal everywhere? A: Not everywhere, and the specifics vary. Voice-to-text is generally legal, but if the law requires that you not interact with the phone at all (not even to look at it), then confirming a voice text could be risky. Check your state law.
Q: Can I get a texting citation if I'm using Google Maps? A: If the citation is for texting specifically, no. But if an officer cites you for "distracted driving" or "inattentive driving," using a large mounted phone or frequently glancing at navigation could be grounds. Navigation use is generally more defensible legally than texting.
Q: What if the message was from a customer (I'm working)? A: Irrelevant to the law. "Work-related texting" is not an exception. You're still operating a vehicle, and texting is illegal.
Q: Does a texting citation affect my ability to get a commercial driver's license (CDL)? A: Yes. A texting violation can disqualify you from CDL employment in some trucking companies. Some insurers and employers maintain strict "no texting conviction" policies.
Q: How long does a texting citation stay on my record? A: Typically 3–7 years, depending on the state. It may remain even longer for insurance purposes (insurers sometimes look back 10+ years).
Q: Can I get the citation dismissed or reduced? A: Possibly. Consult a traffic attorney. Common defenses include challenging whether the officer actually observed you texting (vs. assuming), whether the phone was truly hand-held vs. hands-free, and procedural errors in the citation. An attorney typically costs $200–$500 but can often save you more in fines, points, and insurance increases.
Q: If I plead no contest, does it still go on my record? A: Yes, in most states. A no contest plea is treated similarly to a guilty plea for record purposes. Some states allow traffic school attendance to reduce or eliminate the violation from your record (depending on priors and state law).
It's not just about your hands. When you text and drive, your brain is distracted—even for a glance.
Research shows:
For new drivers specifically:
This isn't just about the law. It's about the biology of your brain at your age.
Avoiding a texting citation requires more than knowing the law—it requires building habits that make the right choice automatic.
Wheelingo's distracted driving module teaches you to:
Recognize triggers: What situations tempt you to grab your phone? Red lights? Boring highway stretches? Waiting for a response? Identify your weak points.
Develop a phone strategy: Before driving, silence your phone, put it in the trunk, or use an app that blocks notifications while driving. Make accessing the phone difficult.
Understand consequences: Not just the legal ones, but the real ones. A crash at 55 mph with a distracted driver can be fatal. Wheelingo's scenario-based practice shows you how quickly things can go wrong.
Communicate your boundaries: Let people know you won't respond to texts while driving. Set the expectation. Most people understand.
A text message is one of the least time-sensitive communications. It waits. It can always be answered after you pull over.
Every year in the U.S., about 3,000 people die in distraction-related crashes. Texting is the leading distraction for teen drivers. You now know the law. You also know that a single text can cost you $1,500+ in fines and insurance hikes, your license for months, and potentially your life or someone else's.
The law is clear: don't text and drive.
The biology is clear: your brain can't safely divide attention between a phone and a moving vehicle.
The choice is yours. Make it the right one.
Stay focused on the road. Everything else can wait.
Related Articles:
Sources & Further Reading: