Laws regarding distracted driving vary by state. While 48 states and Washington, D.C., have laws banning texting and driving, many states allow drivers to use a hands-free device while driving. States have different rules about texting for novice drivers and in work and school zones.
According to data from the Centers for Disease Control and Prevention, nine people die every day in car crashes because of distracted driving. In 2023, 3,275 people died due to distracted driving, according to the latest data from the National Highway Traffic Safety Administration (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 state regarding talking, texting and driving.
Carinsurance.com Insights
- Talking or texting on a cell phone typically results in a fine of $50 to $200 and, in some states, points on your license.
- A texting ticket will raise your rates by 32%, on average.
- Teen and novice drivers in many states face stricter cell phone restrictions than older drivers.penalties for talking and texting on a cell phone vary from state to state.
Overview of texting and driving laws in the U.S.
Distracted driving is illegal in 48 states, Washington, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands. The exception is Montana, where it isn’t banned, although some cities in Montana do prohibit it. Many states have separate cell phone restrictions for younger or inexperienced drivers or driving in construction or school zones.
In most states, the texting ban is a primary law, meaning a police officer can pull you over and issue a ticket for using a cell phone while driving. If the law is a secondary ban, the police must pull you over for a different primary violation, such as speeding or reckless driving. They then have the right to issue a ticket for a cell phone violation in addition to the primary offense.
The table below shows the laws by state for texting while driving, whether handheld phone conversation is banned (this doesn’t include hands-free usage), and primary or secondary enforcement.
| State | Ban on texting while driving? | Ban on hand-held phone conversation? | Enforcement |
|---|---|---|---|
| Alabama | All drivers | All drivers | Primary |
| Alaska | All drivers | No | Primary |
| Arizona | All drivers | All drivers | Primary, secondary: learner’s permit holders and intermediate license holders during the first 6 months after licensing |
| Arkansas | All drivers | School or work zones | Primary |
| California | All drivers | All drivers | Primary for hand-held phone use and texting by drivers 18 and older; secondary for drivers younger than 18 |
| Colorado | All drivers | All drivers | Primary |
| Connecticut | All drivers | All drivers | Primary |
| Delaware | All drivers | All drivers | Primary |
| Washington, D.C. | All drivers | All drivers | Primary |
| Florida | All drivers | Drivers in school and work zones | Primary |
| Georgia | All drivers | All drivers | Primary |
| Hawaii | All drivers | All drivers | Primary |
| Idaho | All drivers | All drivers | Primary |
| Illinois | All drivers | All drivers | Primary |
| Indiana | All drivers | All drivers | Primary |
| Iowa | All drivers | All drivers | Primary |
| Kansas | All drivers | Drivers with a learner’s permit/intermediate license holders | Primary |
| Kentucky | All drivers | No | Primary |
| Louisiana | All drivers | Drivers with a learner’s permit/intermediate license holders, school bus drivers | Primary |
| Maine | All drivers | All drivers | Primary |
| Maryland | All drivers | All drivers | Primary |
| Massachusetts | All drivers | All drivers | Primary |
| Michigan | All drivers | All drivers | Primary |
| Minnesota | All drivers | All drivers | Primary |
| Mississippi | All drivers | No | Primary |
| Missouri | All drivers | No | Secondary |
| Montana | No | No | Primary |
| Nebraska | All drivers | No | Secondary |
| Nevada | All drivers | All drivers | Secondary |
| New Hampshire | All drivers | All drivers | Primary |
| New Jersey | All drivers | All drivers | Primary |
| New Mexico | All drivers | All drivers | Primary |
| New York | All drivers | All drivers | Primary |
| North Carolina | All drivers | Drivers younger than 18 | Primary |
| North Dakota | All drivers | All drivers | Primary |
| Ohio | All drivers | All drivers | Primary |
| Oklahoma | All drivers | Teen and commercial drivers | Secondary; primary for drivers younger than 18 |
| Oregon | All drivers | All drivers | Primary |
| Pennsylvania | All drivers | All drivers | Primary |
| Rhode Island | All drivers | All drivers | Primary |
| South Carolina | All drivers | No | Primary |
| South Dakota | All drivers | All drivers | Primary; secondary for learner’s permit and intermediate license holders |
| Tennessee | All drivers | All drivers | Primary |
| Texas | All drivers | Drivers in school zones; novice drivers | Primary |
| Utah | All drivers | All drivers | Primary |
| Vermont | All drivers | All drivers | Primary |
| Virginia | All drivers | All drivers | Secondary |
| Washington | All drivers | All drivers | Primary |
| West Virginia | All drivers | All drivers | Primary |
| Wisconsin | Drivers in road work zones | Drivers in road work zones | Primary |
| Wyoming | All drivers | No | Primary |
Iowa’s law goes into effect July 1, 2025, with a grace period where only warnings will be issued until Jan. 1, 2026.
State penalties for texting and driving
The penalties for talking and texting on a cell phone vary dramatically between states. For example, in Alaska, the fine is $500, while in Tennessee, it’s $50.
In most states, fines run between $50 and $200. In some states, you’ll also receive points on your license; once you reach a certain threshold of points, your license could be suspended.
| State | Penalty for talking | Penalty for texting | License points |
|---|---|---|---|
| Alabama | First violation – $50 fine $100 fine second violation; $150 for a third | First violation – $50 fine $100 fine second violation; $150 for a third | First: 1 point; Second: 2 points; third/subsequent: 3 points |
| Alaska | $500 | $500 | None |
| Arizona | $75-$149 for a first violation and $150 -$250 for second/subsequent violations | $75-$149 for a first violation and $150-$250 for second/subsequent violations | None |
| Arkansas | Up to $250 for first offense and up to $500 for subsequent offenses | Up to $250 for first offense and up to $500 for subsequent offenses | None |
| California | $20 for the first offense and $50 for subsequent offenses | $20 for the first offense and $50 for subsequent offenses | None |
| Colorado | Not penalty if a headphone is used in one ear | Initial violation $300 | 4 points |
| 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 offenses | None |
| 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. | None |
| Washington, D.C. | $100; fine may be suspended for first-time violator with proof of purchasing approved hands-free accessory | $100; fine may be suspended for first-time violator with proof of purchasing approved hands-free accessory | None |
| Florida | $30 fine; second offense is $60 fine; any offense is a $60 fine in school/work zone | $30 fine; second offense is $60 fine; any offense is a $60 fine in school/work zone | 3 points for second offense, +2 points for school zone, +6 for accident |
| Georgia | $50 for first conviction, $100 for a second conviction and $150 for three/subsequent convictions | $50 for first conviction, $100 for a second conviction and $150 for three/subsequent convictions | 1 point; 2 points for second; 3 points for third/subsequent convictions |
| 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 zone | None |
| 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 period | None |
| Illinois | $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense. | $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense. | None |
| Indiana | Fines up to $500 | Fines up to $500 | 4 points |
| Iowa | $100 | $100 | None |
| Kansas | None | $60 for each offense | None |
| Kentucky | $50 for a first offense, and increasing fines for subsequent offenses | $50 for a first offense, and increasing fines for subsequent offenses | 3 points |
| Louisiana | $175 for the first offense and $500 for subsequent offenses | $175 for the first offense and $500 for subsequent offenses | 4 points |
| Maine | $250 for a first offense and a minimum 30-day license suspension for repeat offenders | $250 for a first offense and a minimum 30-day license suspension for repeat offenders | None |
| Maryland | First: Max $83 fine; second: max $140Fine; third: max $160 fine | First: Max $83 fine; second: max $140Fine; third: max $160 fine | None unless an accident results |
| Massachusetts | $100 for a first offense, $250 for a second, $500 for third/subsequent offenses | $100 for a first offense, $250 for a second, $500 for third/subsequent offenses | None |
| Michigan | $100 for first offense; $250 for subsequent offenses | $100 for first offense; $250 for subsequent offenses | None |
| Minnesota | First offense: $50; second offense: $275 | First offense: $50; second offense: $275 | None |
| Mississippi | None | $100 | None |
| Missouri | $150 for first offense; $250 for second offense; third: up to $500 | $150 for first offense; $250 for second offense; third: up to $500 | None |
| Montana | None | $100 | None |
| Nebraska | $200 for first offense, $300 for second offense, or $500 for subsequent offenses | $200 for first offense, $300 for second offense, or $500 for subsequent offenses | 3 points |
| Nevada | First offense: $50, Second: $100, Third/subsequent offenses: $250 | First offense: $50, Second: $100, Third/subsequent offenses: $250 | 4 points for second offense |
| New Hampshire | $100 for the first offense, $250 for a second offense, and $500 for subsequent offenses | $100 for the first offense, $250 for a second offense, and $500 for subsequent offenses | None |
| New Jersey | $600 minimum, possible 90-day license suspension | $600 minimum, possible 90-day license suspension | 3 points for third offense |
| New Mexico | $100 first violation; $200 subsequent violation | $100 first violation; $200 subsequent violation | None |
| New York | First offense: $50-$200; second offense: $40-$250; subsequent: $50-$450 | First offense: $50-$200; second offense: $40-$250; subsequent: $50-$450 | 5 points |
| North Carolina | $25 for drivers 18 and younger | $100 | None |
| North Dakota | None | $100 | 4 points for 14- and 15-year-olds |
| Ohio | First offense: $150; second: $250; third: $500 and a possible 90-day license suspension | First offense: $150; second: $250; third: $500 and a possible 90-day license suspension | 2-4 points |
| Oklahoma | $100 | $100 | None |
| Oregon | Maximum fine of $1,000. For a second offense, or if the first offense contributes to a crash, the maximum fine is $2,000 | Maximum fine of $1,000. For a second offense, or if the first offense contributes to a crash, the maximum fine is $2,000 | None |
| Pennsylvania | $50 fine, plus court costs and other fees (as of June 5, 2026) | $50 fine, plus court costs and other fees (as of June 5, 2026) | None |
| Rhode Island | Fine up to $100 for holding a phone and talking | Fine up to $100 | None |
| South Carolina | None (with hands-free device); otherwise, the same penalties apply | $100 for the first offense; $200 for subsequent offenses | None |
| South Dakota | $178.50 | $178.50 | None |
| Tennessee | $50 for the first offense; $100 for the third or subsequent offenses; $200 in work/school zones | $50 for the first offense; $100 for the third or subsequent offenses; $200 in work/school zones | None |
| Texas | Up to $200 | Up to $200 | None |
| Utah | $100 | $100 | None |
| Vermont | $100-$200 for a first violation; $250-$500 for second/subsequent violations | $100-$200 for a first violation; $250-$500 for second/subsequent violations | 4 points for school construction zones, 5 points for a second offense |
| Virginia | $125 fine for the first offense, $250 fine for second/subsequent offenses or those in work zones | $125 fine for the first offense, $250 fine for second/subsequent offenses or those in work zones | 3 points |
| Washington | First offense: $145 or more; second/subsequent offense: $243 or more | First offense: $145 or more; second/subsequent offense: $243 or more | None |
| West Virginia | $100 for a first offense; $200 for a second; $300 for third/subsequent offenses | $100 for a first offense; $200 for a second; $300 for third/subsequent offenses | 3 points for the third offense |
| Wisconsin | $162 for first offense; $200 for second offense | $162 for first offense; $200 for second offense | 4 points |
| Wyoming | Not more than $75 | Not more than $75 | None |
Will a distracted driving ticket raise my car insurance rates?
A texting ticket can increase your rates by an average of 32% or $610 yearly, according to our rate analysis. While the national average rate for full coverage is $1,895, the average rate for full coverage after a texting ticket is $2,505 annually.
The rate hike will vary by insurer. If you experience a sharp rate increase after a cell phone ticket, you may want to compare car insurance rates from other insurers because some are more forgiving than others.
What to do if you receive a ticket for texting while driving
You can do a few things if you receive a citation for texting while driving. First is to pay the fine and ensure your cell phone is safely stowed out of reach during future drives.
If you feel the ticket was given in error, you can contact a lawyer to learn how to contest it.
“Speaking with a traffic attorney is smart,” said personal injury attorney William K. Holland of Holland Injury Law. “Depending on the circumstances, like whether the driver was using hands-free mode or dealing with an emergency, there may be grounds to fight or reduce the charge,” he said.
Some states may allow you to take a defensive driving course to reduce your penalties or the points on your license. You might also ask for a court date with deferred adjudication and probation, said attorney Seann Malloy, founder and managing partner at Malloy Law Offices. If granted, you may be able to get the ticket dismissed if you stay violation-free for a set period (usually 90 to 180 days).
Finally, be prepared for the impact on your insurance premiums. Talk to your insurer to see if there are any options to keep your costs down, or take the time to shop around for a new insurance company.
Final thoughts
Texting and driving can have serious consequences. If you receive a distracted driving ticket, you can expect your premiums to rise, plus you may have to pay other fines and penalties. Learn the laws in your state so you can stay safe on the road.
Frequently asked questions
Am I allowed to use hands-free devices while driving?
The law varies by state, but in many states, using a hands-free device to talk is allowed, while in almost all states, holding the device in your hand is not.
Is it legal to text at a red light or stop sign?
Texting at a stoplight is legal in some states (Ohio), illegal in others (California), and ill-defined elsewhere (New York). It’s not a good idea to use your phone while behind the wheel, regardless of the law, according to the Governors Highway Safety Association. The car may not be in motion, and the law in your state may not specifically prohibit texting while the vehicle is stopped, but it could still be a dangerous distraction.
Are there exceptions for calling in an emergency?
Yes, many U.S. states prohibiting handheld cellphone use while driving include exceptions for emergencies. These exceptions typically allow drivers to use their phones to contact emergency services, such as calling 911, without facing penalties. However, the specifics can vary by state.
The following states have laws that permit handheld cellphone use while driving in emergencies:
- Washington, D.C.: Permits handheld use to contact emergency services.
- Arizona: Allows handheld device use to report illegal activities or emergencies.
- California: Permits handheld use to contact emergency services.
- Connecticut: Allows exceptions for emergency situations.
- Delaware: Permits handheld use to report emergencies.
- Georgia: Allows exceptions for emergency situations.
- Illinois: Permits handheld use to report emergencies.
- Indiana: Allows exceptions for emergency situations.
- Maryland: Permits handheld use to contact emergency services.
- Massachusetts: Allows exceptions for emergency situations.
- Michigan: Permits handheld use to report emergencies.
- Minnesota: Allows exceptions for emergency situations.
- Nevada: Permits handheld use to report emergencies.
- New Jersey: Allows exceptions for emergency situations.
- New York: Permits handheld use to contact emergency services.
- Oregon: Allows exceptions for emergency situations.
- Rhode Island: Permits hand-held use to report emergencies.
- Tennessee: Allows exceptions for emergency situations.
- Vermont: Permits handheld use to contact emergency services.
- Virginia: Allows exceptions for emergency situations.
- Washington: Permits handheld use to report emergencies.
- West Virginia: Allows exceptions for emergency situations.
Which states have the strictest texting and driving laws?
Oregon has the harshest financial penalty for texting while driving, with fines of $1,000 for a first offense. In Colorado, you could do up to a year in prison for texting while driving.
Resources & Methodology
- Drive Safely. “Is it Illegal to Text at a Stop Light?” Accessed June 2025.
- Governors Highway Safety Association. “Distracted Driving.” Accessed June 2025.
- National Highway Traffic Safety Administration. “Distracted Driving.” Accessed June 2025.
Methodology
CarInsurance.com editors collected rates from Quadrant Information Services in 2023 for 40-year-olds driving a Honda Accord LX with a full coverage insurance policy with limits of 100/300/100 and $500 comprehensive and collision deductibles. We analyzed 5,073,544 records, 1,468 ZIP codes, and 138 insurance companies nationwide.
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