Laws regarding distracted driving vary by state. While most states, 48 plus D.C., have laws banning texting and driving, many states still allow drivers to talk on a phone behind the wheel. Most states also have different laws that pertain to young and inexperienced drivers.

According to data from the Centers for Disease Control and Prevention, nine people die in car crashes daily involving distracted driving – 3,142 people died in 2020 due to distracted driving, per the NHTSA. 

Distracted driving laws can be complicated, and receiving a ticket for texting or talking behind the wheel can impact your insurance rates. Many drivers are unaware of what is legal in their own state regarding talking, texting and driving.

Key Highlights
  • The penalties for talking and texting on a cell phone vary from state to state.
  • A texting ticket will raise your rates, on average, by 24% according to a rate analysis by CarInsurance.com. However, it could be as low as 4% or as high as 30% depending, on your state laws and driving record, among other factors.
  • Teen and novice drivers in many states face strict cell phone restrictions, but the laws vary.
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Written by:
Mark Vallet
Contributing Researcher
Mark is a freelance journalist and analyst with over 15 years of experience covering the insurance industry. He has extensive experience creating and editing content on a variety of subjects with deep expertise in insurance and automotive writing. He has written for autos.com, carsdirect.com, DARCARS and Madtown Designs to name just a few. He is also a professional blogger and a skilled web content creator who consistently turns out engaging, error-free writing while juggling multiple projects.
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Reviewed by:
Laura Longero
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Executive Editor
Laura is an award-winning editor with experience in content and communications covering auto insurance and personal finance. She has written for several media outlets, including the USA Today Network. She most recently worked in the public sector for the Nevada Department of Transportation.

Will a cell phone ticket raise my car insurance rates?

A texting ticket will raise your rates, on average, by 24%, according to a rate analysis showing how much insurance goes up for a texting ticket by CarInsurance.com. However, it could be as low as 4% or as high as 30%, depending on your state laws and driving record, among other factors.

The rate hike will vary by insurer, but in most cases, it would be treated as a minor violation such as a low-level speeding ticket or running a red light. Usually, a rate increase will be the same as any other first infraction.

If you experience a sharp rate increase after a cell phone ticket, you may want to compare car insurance rates from other insurers. You’ll probably find that some insurers are more forgiving than others when you shop around.

Cell phone bans and license points by state
State Texting and driving ban Hand-held phone conversations ban License points
AlabamaAll driversNo2 Points on License
AlaskaAll driversNoNo
ArizonaAll driversAll driversNo
ArkansasAll driversSchool or Construction ZonesNo
CaliforniaAll driversAll driversNo
ColoradoAll driversNo4 Points
ConnecticutAll driversAll driversNo
DelawareAll driversAll driversNo
D.C.All driversAll driversNo
FloridaAll driversDrivers in school and work zones3 Points for Second Offense, 2 more Points for School Zone, 6 for Accident
GeorgiaAll driversAll drivers1 Points
HawaiiAll driversAll driversNo
IdahoAll driversAll driversNo
IllinoisAll driversAll driversNo
IndianaAll driversAll driversNo
IowaAll driversNoNo
KansasAll driversNoNo
KentuckyAll driversNo3 Points
LouisianaAll driversdrivers in signed school zones; with respect to novice driversNo
MaineAll driversAll driversNo
MarylandAll driversAll drivers1 Point & 3 if Accident
MassachusettsAll driversAll driversNo
MichiganAll driversNoNo
MinnesotaAll driversAll driversNo
MississippiAll driversNoNo
Missouri*Drivers 21 and youngerNoNo
MontanaNoNoNo
NebraskaAll driversNo3 Points
NevadaAll driversAll drivers4 Points for Second Offense
New HampshireAll driversAll driversNo
New JerseyAll driversAll drivers3 points for Third Offense
New MexicoAll driversNoNo
New YorkAll driversAll drivers5 Points
North CarolinaAll driversNoNo
North DakotaAll driversNoNo
OhioAll driversNoNo
OklahomaAll driversLearner’s permit and intermediate license holdersNo
OregonAll driversAll driversNo
PennsylvaniaAll driversNoNo
Rhode IslandAll driversAll driversNo
South CarolinaAll driversNoNo
South DakotaAll driversNoNo
TennesseeAll driversAll driversNo
TexasAll driversDrivers in school crossing zones and on public school property during the time the reduced speed limit appliesNo
UtahAll driversNoNo
VermontAll driversAll drivers4 points for school construction zones, 5 points for second offense
VirginiaAll driversAll drivers3 points
WashingtonAll driversAll driversNo
West VirginiaAll driversAll drivers3 points for Third Offense
WisconsinAll driversDrivers in highway construction areas4 points
WyomingAll driversNoNo

How many states ban texting and driving?

Laws regarding cell phone use and texting vary dramatically across the country and can be confusing. In some states, certain cities have stricter laws on the books than the state law, making knowing where you can and cannot use your phone a bit of a mystery.

Currently, in 48 states, Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands, it is illegal to text while driving. In most states, it is a primary law, but there are a few outliers where texting and driving is only secondary.

If the law is primary, a police officer can pull a driver over and issue a ticket for using a cell phone while driving. The officer needs no reason to pull you over besides the cell phone violation.

If the law is secondary, the police must pull a driver over for a different primary violation, for example, speeding or reckless driving. They then have the right to issue a ticket for a cell phone violation in addition to the primary offense. They cannot pull you over for a cell phone violation on its own if the law is secondary.

To add one more layer of confusion, many states have separate restrictions that only apply to younger, inexperienced drivers.

Texting and cell phone penalties by state

The penalties for talking and texting on a cell phone can vary dramatically between states. At one point, texting while driving in Alaska was a misdemeanor, punishable by a year in jail and a $10,000 fine for a first offender. Luckily, the fine has been scaled back recently and tops out at $500 in the Last Frontier.

While Alaska’s fine was a bit over the top, texting or talking while driving can still be an expensive ticket in certain states. But in most states, fines run between $50 and $200.

Penalties for talking and texting on a cell phone by state
State Penalty for Talking Penalty for Texting Enforcement
AlabamaNot illegal if using a hands-free device$25 after their first violation, $50 after the second offense and $75 after the third or subsequent offenses.primary
AlaskaNot illegal$500primary
Arizona$75 and $149 for a first violation and between $150 and $250 for a second and subsequent violation$75 and $149 for a first violation and between $150 and $250 for a second and subsequent violationPrimary, secondary: learner’s permit holders and intermediate license holders during the first 6 months after licensing
ArkansasFor using a hand-held device fine can range from up to $250 for a first offense and up to $500 for any subsequent offense.Fines can range from up to $250 for a first offense and up to $500 for any subsequent offense.primary
CaliforniaMinimum of $162Minimum $162Primary: hand-held and texting by drivers 18 and older; secondary: drivers younger than 18
ColoradoNot illegal if a headphone is used in one earUp to one-year imprisonment, $1,000 fine, or both.primary
Connecticut$200 for the first offense, $375 for the second offense, and $625 for the third and subsequent offenses.$200 for the first offense, $375 for the second offense, and $625 for the third and subsequent offensesprimary
Delaware$100 for their first offense. Subsequent offenses will be no less than $200 and no more than $300.$100 for their first offense. Subsequent offenses will be no less than $200 and no more than $300.primary
Washington D.C.Not illegal if used during emergency situations or hands-dree device is installed $100primary
FloridaMandatory fine of $250$30 fine and court fees. A second offense carries a $60 fine, court costs and related fees, and three points on a driver’s license. primary
Georgia$50 for first conviction, $100 for a second conviction and $150 three or more convictions.$50 for first conviction, $100 for a second conviction and $150 for three or more convictions.primary
Hawaii$250 for each offense, $300 for violations in a school or construction zone$250 for each offense, $300 for violations in a school or construction zoneprimary
Idaho$75 for a first offense and $150 for a second offense within a 3-year period$75 for a first offense and $150 for a second offense within a 3 year periodprimary
IllinoisMinimum fine of $1,000 and a mandatory driver’s license suspension of one year.$75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense.primary
IndianaNot illegalUp to $500primary
IowaNot illegal if using a hands-free device, only for emergency situations$45 to $100primary
Kansas$60 for each offense$60 for each offenseprimary
Kentucky$25 for first offense, $50 for subsequent offenses$25 for first offense, $50 for subsequent offensesprimary
LouisianaFirst offense is $175 and any second or subsequent offenses carries a fine of up to $500.First offense is $175 and any second or subsequent offenses carry a fine of up to $500.primary
Maine$50 for a first infraction and $250 for subsequent infractions$50 for a first infraction and $250 for subsequent infractionsprimary
MarylandFirst offense is $40 and subsequent offenses $100First offense is $40 and subsequent offenses $100primary
MassachusettsNot illegal$100 for a first offense, $250 for a second offense and $500 for a third and subsequent offenseprimary
MichiganNot illegal$100 for first offense, subsequent offenses cost $200primary
MinnesotaNot illegalFirst ticket is more than $120. The second and later tickets are more than $300.primary
MississippiNot illegal$100 primary
Missouri$50 fine for drivers 21 or younger for using a hand-held device$50 fine for drivers 21 or youngerprimary
MontanaNot illegalNot illegalprimary
NebraskaNot illegal$200 for first offense, $300 second offense, or $500 for subsequent offenses in addition to three points against the driver’s licenseNot applicable
NevadaYou may talk on a phone using a hands-free device.Penalties are $50 for the first offense in seven years, $100 for the second and $250 for third and sub-sequent offenses.Secondary
New Hampshire$100 plus penalty assessment for a first offense, $250 plus penalty assessment for a second offense and $500 plus penalty assessment for any subsequent offense within a 24-month period.$100 plus penalty assessment for a first offense, $250 plus penalty assessment for a second offense and $500 plus penalty assessment for any subsequent offense within a 24-month period.Primary
New JerseyMaximum fine of $600 and a 90 day driver’s license suspension for using a hand-held device.Maximum fine of $600 and a 90-day driver’s license suspensionPrimary
New Mexico$500 fine driving with cell phones in hand $500 fine driving with cell phones in hand Primary
New YorkFirst offense- $50 minimum, Second offense- $250 maximumFirst offense- $50 minimum, Second offense- $250 maximumPrimary
North CarolinaNot illegal for on-duty officials such a member of fire department$100Primary
North DakotaNot illegal$100Primary
OhioNot illegal$150 fine for a first offense. $300 for a second offense.Primary
OklahomaNot illegal$100 Secondary; primary for drivers younger than 18
OregonNot illegalMaximum fine of $1,000. A second offense, or if the first offense contributes to a crash a maximum fine of $2,000.Primary
PennsylvaniaNot illegal$50 fine, plus court costs and other feesPrimary
Rhode IslandFine up to $100 for holding a phone and talkingfine up to $100Primary
South Carolina$100 for first offense for holding a phone while driving and $200 for any additional offense$100 for first offense for holding a phone while driving and $200 for any additional offensePrimary
South DakotaTalking on your cellular phone is permitted$100 Primary; secondary for learner’s permit and intermediate license holders
Tennessee$50 for the irst-time offense, $100 for third-time offense or higher for holding a wireless device$50 for the irst-time offense, $100 for third-time offense or higherPrimary
TexasNot illegal up to $200Primary
Utah$100 for using a hand-held device$100Primary
Vermont$100 and not more than $200 for a first violation if found holding electronic device$100 and not more than $200 for a first violationPrimary
VirginiaCivil penalty not to exceed $2,750 for using a hand-held device$125 fine for the first offense and a $250 fine for second or subsequent offensesPrimary
WashingtonNo penalty may exceed $250 for each offenseNo penalty may exceed $250 for each offensePrimary
West VirginiaNot illegal if using a hands-free device$100 for a first offense, $200 for a second and $300 for a third or subsequent offense Primary
Wisconsin$162 for first offense and $200 for second offense$162 for first offense and $200 for the second offense.Primary
WyomingNot illegal if using a hands-free device$75 Primary

 States with cell phone bans for novice drivers

Teen and novice drivers in many states face strict cell phone restrictions, but the laws vary dramatically.

Some states ban cell phone use outright for those younger than 18. In contrast, others only ban cell phones for drivers with a learner’s permit, and others put no restrictions on novice drivers when it comes to using a cell phone.

The following states have other restrictions in place related to young or novice drivers:

  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • Nebraska
  • New Hampshire
  • New York: Primary
  • North Carolina
  • North Dakota
  • Ohio
  • Oregon
  • Rhode Island
  • Texas
  • Utah
  • Vermont
  • Virginia
  • West Virginia

Other restrictions for young drivers:

  • Alabama: Cell phone ban for 16- and 17-year-olds with less than 6 months experience – Primary
  • Alaska: No restrictions
  • Arizona: Prohibits the use of cell phones while driving for the first six months after receiving a graduated license or until the age of 18 – Secondary
  • Delaware: Cell phone ban for drivers with intermediate licenses and learner’s permits – Primary
  • Washington DC: Cell phone ban for drivers on learner permit – Primary
  • Florida: No restrictions
  • Idaho: No restrictions
  • Iowa: Cell phone ban for drivers that have their intermediate license or learner’s permit – Primary
  • Michigan: Cell phone ban for drivers with Level 1 or 2 License
  • Mississippi: No restrictions
  • Montana: No restrictions
  • New Jersey: Cell phone ban for drivers with an intermediate license or a learner’s permit – Primary
  • New Mexico: Cell phone ban for drivers with a learner or provisional license
  • Oklahoma: Cell phone ban for drivers with an intermediate license or a learner’s permit: Primary
  • Pennsylvania: No restrictions
  • South Carolina: No restrictions
  • South Dakota: Cell phone ban for drivers with a learner or intermediate license
  • Tennessee: Cell phone ban for drivers on learner or intermediate license – Primary
  • Washington: Cell phone ban for drivers who have an intermediate license or learner’s permit – Primary
  • Wisconsin: Cell phone ban for drivers with an intermediate license or a learner’s permit – Primary
  • Wyoming: No restrictions

Resources & Methodology

Sources

Insurance Institute for Highway Safety. “Cellphone use laws by state.” Accessed December 2022. 

Governors Highway Safety Association. “Distracted Driving.” Accessed December 2022.

Centers for Disease Control and Prevention. “Distracted Driving.” Accessed December 2022.

NHTSA. “Distracted Driving.” Accessed December 2022.

Laura Longero

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Laura Longero

Executive Editor

Laura is an award-winning editor with experience in content and communications covering auto insurance and personal finance. She has written for several media outlets, including the USA Today Network. She most recently worked in the public sector for the Nevada Department of Transportation.

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author image
Contributing Researcher

Mark is a freelance journalist and analyst with over 15 years of experience covering the insurance industry. He has extensive experience creating and editing content on a variety of subjects with deep expertise in insurance and automotive writing. He has written for autos.com, carsdirect.com, DARCARS and Madtown Designs to name just a few. He is also a professional blogger and a skilled web content creator who consistently turns out engaging, error-free writing while juggling multiple projects.