Talking on the phone while driving is illegal in most places, but the rules vary by state and depend on whether you use hands-free technology

Thirty-eight states and Washington, D.C. ban handheld phone use while driving. Twenty-one states ban all cell phone use, including hands-free calls, for drivers under 18. Four states—Missouri, Montana, Oklahoma, and Texas—have no statewide ban on handheld phone use, though some cities within those states do prohibit it. The specific law you face depends on where you are driving, your age, and whether you are using a hands-free device.

If you are caught talking on a handheld phone while driving in a state that bans it, you will receive a traffic citation. Fines range from $20 to $500 depending on the state and whether it is your first offense. Some states treat a second or third violation as a moving violation that adds points to your driving record, which can raise your insurance rates. A few states allow officers to stop you solely for phone use; others require you to commit another traffic violation first before they can cite you for the phone call.

Key Takeaways

  • Thirty-eight states prohibit handheld phone use while driving, but four states have no statewide ban.
  • Hands-free devices like Bluetooth speakers and voice commands are legal in most states, but some states ban all phone use for young drivers regardless of hands-free technology.
  • Fines for handheld phone use range from $20 to $500, and repeat violations can add points to your driving record.
  • Some states allow officers to stop you for phone use alone; others require a separate traffic violation before citing you.
  • Texting while driving is illegal in all 50 states and carries steeper penalties than talking on the phone.

Which states ban handheld phone use

Thirty-eight states and Washington, D.C. have laws against handheld phone use while driving. These states are: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri (partial), Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

Missouri, Montana, Oklahoma, and Texas do not have statewide handheld bans. However, individual cities and counties within these states may have their own ordinances. For example, some cities in Texas prohibit handheld phone use in school zones or residential areas. Before driving through these states, check your specific city or county website to see whether a local ban applies.

Hands-free devices and what counts as legal

A hands-free device means your phone is not in your hand while you are driving. Bluetooth speakers, earpieces, voice-activated systems built into your car, and speaker phone all count as hands-free. In states with handheld bans, you can legally talk on the phone using any of these methods.

However, twenty-one states ban all cell phone use—including hands-free calls—for drivers under 18. These states are: Alabama, California, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, and Wisconsin. Young drivers in these states cannot legally talk on the phone at all while driving, even with a hands-free device.

Holding your phone to look at GPS, read a text message, or check a notification is illegal in most states even if you are not talking. This falls under distracted driving laws, which are separate from phone-use bans.

Texting while driving versus talking on the phone

Texting while driving is illegal in all 50 states. Fines for texting are typically higher than fines for talking on the phone—often $50 to $500 for a first offense—because texting requires you to look away from the road. Some states classify texting as a primary offense, meaning an officer can stop you for texting alone. Talking on the phone is a secondary offense in many states, meaning an officer must observe another violation before citing you for phone use.

Sending a text message, reading a text message, or using your phone to access email, social media, or maps while driving all count as texting violations in most states, even if you are not technically typing. Voice-to-text features that allow you to dictate a message without looking at the phone are legal in most states, but they vary by state law, so check your state's specific rules.

What happens if you are cited for phone use while driving

If an officer pulls you over and cites you for handheld phone use, you will receive a traffic ticket. The ticket will list the violation, the fine amount, and the date you must pay or appear in court. You have the right to contest the citation in traffic court if you believe the officer made an error or if you have a defense.

A first offense typically results in a fine only. A second or third offense within a certain time period (usually three to five years) may add points to your driving record, which increases your car insurance rates. Some states allow you to take a defensive driving course to reduce or dismiss the citation, though this option is not available in all states and may require paying a course fee.

If you are a commercial driver (holding a CDL), the penalties are stricter. Federal law prohibits all handheld phone use while driving a commercial vehicle, and violations can result in fines up to $2,750 and points on your CDL record.

Exceptions and special circumstances

Most states allow you to use a handheld phone while driving to report an emergency to 911 or another emergency service. You must be reporting a genuine emergency—fire, accident, crime, or when ready danger—not a non-urgent call. If you are stopped and cite an emergency call as your reason for using the phone, be prepared to explain the nature of the emergency.

Some states exempt certain professions, such as police officers, firefighters, and emergency medical technicians, from handheld phone bans while they are on duty. These exemptions do not explore to off-duty use. Additionally, a few states allow drivers to use handheld phones in stopped traffic or at a red light, though the rules are narrow and vary by state.

How to check your state's specific law

Phone and driving laws change frequently, and some states update their rules every year. The safest approach is to check your state's Department of Motor Vehicles website or your state legislature's website for the current law. Search for "handheld phone ban [your state]" or "distracted driving law [your state]" to find the official statute.

Your state's DMV website will also tell you whether the ban applies to all drivers or only to drivers under a certain age, what counts as hands-free, what the fine is, and whether you can take a course to reduce the citation. If you are unsure whether a specific device or action is legal in your state, contact your local police department's non-emergency line and ask.

Frequently Asked Questions

Can I use my phone at a red light or in stopped traffic?

Most states allow handheld phone use when your vehicle is stopped, but the rules vary. Some states define "driving" to include any time the engine is running, even if the car is not moving. Check your state's law or contact your DMV to confirm. When in doubt, wait until you are parked to use your phone.

What if I am using GPS on my phone while driving?

Holding your phone to view GPS is illegal in most states under distracted driving laws. Mount your phone on your dashboard or windshield, use voice commands to navigate, or set your route before you start driving. Many states allow a single tap or swipe to start navigation, but holding the phone is not permitted.

Do I have to answer a call while driving?

No. You can let calls go to voicemail and return them when you are parked. If you have a hands-free device, you can answer using voice set up or a button on your steering wheel. Ignoring a call while driving is always the safer choice.

What is the difference between a primary and secondary offense?

A primary offense means an officer can stop you for phone use alone. A secondary offense means an officer must observe another violation—speeding, running a red light, swerving—before citing you for phone use. Many states treat handheld phone use as a secondary offense, which means you may not be stopped solely for talking on the phone.

Can I contest a phone use citation in court?

Yes. You can request a court date and present your case to a judge. Common defenses include that you were using a hands-free device, that you were reporting an emergency, or that the officer misidentified your phone use. However, if the officer has clear evidence—dashcam footage, witness statements—your defense may not succeed. Many people choose to pay the fine or take a defensive driving course instead of going to court.