Is texting and driving illegal? This is a question that you might have asked yourself before. If so, congratulations—you’re already on your way to making the right decision.
While we all know why texting and driving is dangerous, many people still do it. Why is that? It’s because some people don’t know that it’s actually illegal.
Most states consider texting while driving a primary offense, meaning you’ll get pulled over and issued a ticket if a cop sees you texting while driving.
On the other hand, there are a couple of states that won’t ticket you for texting while driving! So, let’s take a look at some of the different states and their texting laws.
Texting and Driving
Before we get into the legalities of it, let’s first talk about how dangerous texting and driving is.
We know that when you’re behind the wheel, you feel safe. You’ve been driving for years, and you’ve honed your skills to a point where you feel like you can do it without even thinking.
However, that’s just not true—driving is an incredibly complex task that requires your full attention at all times.
When you’re texting, your eyes are off the road, and your mind is focused on something else entirely—you’re literally not present in the moment, which means driving becomes less safe for you and anyone else on the road.
So please, when you get into your car, put your phone down until you reach your destination. Now, let’s take a look at the laws that may get you in trouble for texting while driving!
Texting & Driving Laws by State
According to statistics, 23% of all car accidents in the United States are caused by texting while driving.
For this reason, many states have enacted laws against texting while driving. However, there are some differences between state laws that may confuse drivers and law enforcement officials alike.
So let’s look at some of these states:
States With Primary Cellphone-Use Laws
In some states, using your cell phone while driving is a primary offense. A primary offense is an illegal act that an officer can stop you for committing, even without any other reason.
For instance, if you were driving intoxicated and speeding or running a red light, a police officer could pull you over for that reason alone.
So, if you were spotted by a cop in any of the following states while using your cell phone while driving, you could easily get ticketed a pricey fine:
- Alabama – a $25 fine
- Arkansas – you could pay up to $250 or $500
- Colorado – a $300 fine
- Florida – a $30 fine
- Iowa – you’ll pay around $45
- Oklahoma – a $100 fine
- Texas – the fines range from $25 to $99
While most of these states disallow texting while driving, there are some minor exceptions. For instance, you could use it if you’re stopped at a red light in Florida, but otherwise, it’s forbidden.
States With Secondary Cellphone-Use Laws
Now, in contrast, there’s one state that considers using a cell phone while driving a secondary offense. That state is Nebraska.
A secondary offense is an act that’s not directly punishable but can be accounted for in connection with a primary violation.
For example, if you’re driving in Nebraska, you can use your phone to text without being pulled over. However, if you were pulled over for speeding while texting, or running over a red light, then you’ll be held accountable for both offenses.
You’ll be fined around $200 or more and have points added to your license.
In addition, there are two states that don’t have laws against texting while driving: Montana and Missouri.
Missouri forbids drivers under 21 from texting while driving, though. If you happen to break that law, you’ll pay around $200, and two points will be added to your driver’s license.
Is texting and Driving Illegal (All States)
There are many differences between the states. Check out the table and infographic for more information surrounding your state.
See more detailed information in the table below:
| State | Total handheld device ban applied to: | Any cell phone use by the driver is prohibited if: | Bus driver use restriction(s) | Texting & Internet Access |
| Alabama | 16 and under, and 17 with temporary license or if licensed under six months (primary violation) | texting prohibited (primary) | ||
| Alaska | totally prohibited | |||
| Arizona | All (primary violation) | texting prohibited | ||
| Arkansas | 18–20 years old (primary violation) | under 18 (secondary violation) | totally prohibited | texting prohibited (primary) |
| California | All (primary violation) | under 18 (secondary violation) | totally prohibited (primary) | texting prohibited |
| Colorado | on learner’s permit or under 18 (primary violation) | totally prohibited (primary) | ||
| Connecticut | All (primary violation) | under 18 (primary violation) | totally prohibited | |
| Delaware | All (primary violation) | on learner or intermediate license (primary violation) | totally prohibited | |
| Florida | School zones and active construction zones(primary) | Allowed only while stopped at a red light. Otherwise prohibited. (Primary) | ||
| Georgia | All Drivers (primary violation) | Under 18 (primary violation) | Driver totally prohibited unless used for routing communication | Driver totally prohibited, includes video |
| Guam | All (primary violation) | |||
| Hawaii | All (primary violation) | under 18 (primary violation) | totally prohibited | |
| Idaho | All (primary violation) | |||
| Illinois | All (primary violation) | any driver under 19 (primary violation) | totally prohibited | |
| Indiana | All (primary violation) | |||
| Iowa | on restricted or intermediate license (primary violation) | totally prohibited (primary) | ||
| Kansas | on learner or intermediate license (primary violation) | |||
| Kentucky | under 18 (primary violation) | totally prohibited | ||
| Louisiana | prohibited in school zones | on learner or intermediate license (primary violation) | totally prohibited | |
| Maine | all (primary violation) | |||
| Maryland | all (primary violation) | under 18 w/ restricted learner or intermediate license | ||
| Massachusetts | all (primary violation) as of February 2020 | totally prohibited | ||
| Michigan | all (primary violation) as of January 2022 | totally prohibited | ||
| Minnesota | all (primary violation) as of 08/01/2019 | under 18 w/ learner or provisional license (primary violation) | totally prohibited | |
| Mississippi | totally prohibited | |||
| Missouri | ||||
| Montana | ||||
| Nebraska | under 18 w/ learner or intermediate license (secondary violation) | |||
| Nevada | all (primary violation) | |||
| New Hampshire | all (primary violation) | totally prohibited | ||
| New Jersey | all (primary violation) | on permit or provisional license (primary violation) | totally prohibited | |
| New Mexico | Local Option by Jurisdiction | on learner or provisional license (primary violation) | ||
| New York | all (primary violation) | |||
| North Carolina | under 18 (primary violation) | totally prohibited | ||
| North Dakota | under 18 (primary violation) | |||
| Ohio | under 18 (primary violation) | |||
| Oklahoma | learner or intermediate license holder (primary violation) | totally prohibited | Texting/E-mail prohibited (primary) | |
| Oregon | all (primary violation) | under 18 (primary violation) | ||
| Pennsylvania | ||||
| Puerto Rico | all (primary violation) | |||
| Rhode Island | all (primary violation) 06/01/2018 | under 18 (primary violation) | totally prohibited | |
| South Carolina | Totally prohibited, but officers must ascertain that a driver is texting rather than using the phone for another purpose. | |||
| South Dakota | on learner or intermediate license (secondary violation) | |||
| Tennessee | All (primary violation) | on learner or intermediate license (primary violation) | totally prohibited | texting prohibited |
| Texas | Driving through school zones | under 18 (primary violation) | totally prohibited | texting prohibited |
| Utah | under 18 (primary violation) | |||
| Vermont | all (primary violation) | under 18 (primary violation) | totally prohibited (primary) | |
| Virgin Islands | all (primary violation) | |||
| Virginia | under 18 (primary violation) all (effective January 1, 2021) | under 18 (secondary violation)[10] all (effective January 1, 2020) | totally prohibited | totally prohibited |
| Washington | all (primary violation) | on learner or intermediate license (primary violation) | Texting prohibited | |
| Washington, D.C. | all (primary violation) | on learner permit (primary violation) | totally prohibited | totally prohibited |
| West Virginia | all (primary violation) | under 18 w/ learner or intermediate license (primary violation) | ||
| Wisconsin | Driving through construction zones | on learner or intermediate license (primary violation) | Texting prohibited | |
| Wyoming | on learner or intermediate license (primary violation) |
Texting Offenses for Minors
It’s important to know the consequences of texting and driving because it can have a lasting impact on your life—not just the lives of others.
If you’re under 18, there are some specific laws that apply to you if you’re caught texting while driving.
In fact, some states completely prohibit cell phone usage while driving for minors, like Alabama, Arizona, and New Hampshire. Plus, if you’re a novice driver, this ban applies to you too.
So, whether it’s for calling or texting, you can still be charged with a moving violation and have to pay a fine.
If you’re caught using your phone while driving, the consequences could include the following:
- A fine of up to $200 for your first offense
- A fine of up to $500 for subsequent offenses
Lots of minors are happy to try new technology and embrace it so why not try and use some stop texting and driving applications, like Apple CarPlay or Android Auto, to avoid the temptation and drive more safely?
Final Words
So, is texting and driving illegal?
In short, yes, it is. In most states, it’s considered a primary offense for which you could easily get pulled over.
Nevertheless, some states, like Montana, don’t prohibit texting and driving.
In the end, it doesn’t really matter if texting and driving is legal or not. All that matters is that you don’t do it while driving. Your life depends on your ability to drive safely every day—don’t put yourself at risk because of a text message!
