| Driving
A person driving and holding a crossed out cellphone to show the dangers of texting and driving

In 2019 alone, car crashes involving distracted driving (such as talking or texting behind the wheel) led to 3,142 deaths, according to the Insurance Institute for Highway Safety (IIHS). That’s nearly nine people per day. In response to these distraction-related traffic crashes and deaths, state and local lawmakers around the country have cracked down on cellphone use while driving. But do you know the laws in your state and the consequences for breaking them?

Cellphone Laws by State

The IIHS states that as of May 2021, using a handheld device while driving is banned in 24 states and the District of Columbia. Texting is banned for all drivers in 48 states and D.C. Meanwhile, young drivers see their cell phone privileges restricted in 36 states and D.C.

To improve your safety and the safety of your passengers, here’s a rundown of cellphone laws in the states where Direct Auto Insurance operates.

Alabama

  • Handheld-phone ban: None
  • Texting ban: All drivers
  • Cellphone ban for young drivers: 16-year-olds & 17-year-olds who’ve had an intermediate license for less than six months

Arkansas

  • Handheld-phone ban: Drivers 18-20; all drivers in school and highway work zones
  • Texting ban: All drivers
  • Cellphone ban for young drivers: Drivers under 18

Florida

  • Handheld-phone ban: Drivers in school and work zones
  • Texting ban: All drivers
  • Cellphone ban for young drivers: None

Georgia

  • Handheld-phone ban: All drivers
  • Texting ban: All drivers
  • Cellphone ban for young drivers: None

Louisiana

  • Handheld-phone ban: Drivers in signed school zones
  • Texting ban: All drivers
  • Cellphone ban for young drivers: Learner’s permit holders, intermediate license holders, and drivers issued their first license, regardless of age

Mississippi

  • Handheld-phone ban: None
  • Texting ban: All drivers
  • Cellphone ban for young drivers: None

North Carolina

  • Handheld-phone ban: None
  • Texting ban: All drivers
  • Cellphone ban for young drivers: Under 18

Ohio

  • Handheld-phone ban: None
  • Texting ban: All drivers
  • Cellphone ban for young drivers: Under 18

South Carolina

  • Handheld-phone ban: None
  • Texting ban: All drivers
  • Cellphone ban for young drivers: None

Tennessee

  • Handheld-phone ban: All drivers
  • Texting ban: All drivers
  • Cellphone ban for young drivers: Learner’s permit holders and intermediate license holders

Texas

  • Handheld-phone ban: Drivers in school-crossing zones and on public school property when reduced speed limits are enforced
  • Texting ban: All drivers
  • Cellphone ban for young drivers: Under 18

Virginia

  • Handheld-phone ban: All drivers
  • Texting ban: All drivers
  • Cellphone ban for young drivers: None

Washington

  • Handheld-phone ban: All drivers
  • Texting ban: All drivers
  • Cellphone ban for young drivers: Learner’s permit holders and intermediate license holders

Can I Get Pulled Over & Ticketed for Cellphone Use?

When lawmakers across the U.S. began limiting driver cellphone use, texting and driving was a secondary offense in many places. In other words, police officers in certain jurisdictions could not pull you over solely if they suspected you were using your cellphone. They would have needed to catch you speeding, rolling through a stop sign, or committing another infraction first.

However, as distracted driving has become an even larger focus, many leaders have pushed to make texting and driving a primary offense in their states if it wasn’t already. If texting and driving is listed as a primary offense where you live, police officers can pull you over if they catch you using your phone in any way that breaks the rules; they don’t need an additional reason.

What Are the Legal Consequences for Breaking Cellphone Use Laws?

Wondering how much you’ll have to pay if you’re caught texting and driving or breaking a hands-free law? What about your driving record? Well, these answers depend on a few factors, like where you live, whether or not it’s your first offense, and if your violation causes a crash.

For example, suppose you violate the “Hands Free Tennessee” law while driving in the Volunteer State. In that case, you can expect to see three points show up on your driving record and to pay a $50 fine for a first offense, a $100 fine for a third-time offense (or if any violation results in a car crash), or a $200 penalty for any violation that occurs in a work zone with workers present or a school zone while warning lights are flashing.

Many states have similar fines that scale up for each additional offense, but some issue severe punishments for distracted driving that results in significant accidents. In Illinois, if you’re texting and driving, any crash you cause that leads to major bodily harm or death would be considered a class A misdemeanor, according to Nolo. This charge could see you spend as long as a year in jail and pay up to $2,500 in fines.

How Does a Texting & Driving Ticket Affect Insurance?

If the threat of points on your driving record and steep fines don’t deter you from using your phone, perhaps the threat of rising insurance rates will. While it ultimately depends on several factors (like where you live, your driving record, and the car you drive), your insurance rates could rise anywhere from 12%-45%, according to Money Under 30. This means you could be paying several hundred dollars extra, or more than $1,000 extra, on your premium, depending on your situation.

Stay Distraction-Free on the Road

No matter where you live or travel, it’s always wise to obey state laws about texting and talking while driving. Here are five tips from the NHTSA to ensure you stay on the right track when it comes to distracted driving.

  1. Turn off your cellphone and put it out of reach before you begin to drive.
  2. Set a good example for younger drivers by not talking or texting behind the wheel.
  3. If you’re a parent of a teen, have a talk with them about responsible driving (and take a look at these house rules for new drivers).
  4. Speak up when you’re a passenger if the driver is using their cellphone while driving. Offer to handle a call or text message for the driver so that they are entirely focused on the road.
  5. Always wear your seatbelt so that you can improve the odds of surviving a distraction-related crash.

We know how tough it can be to go without your cellphone for even a few minutes, but resist the urge to talk or text while behind the wheel! A ticket can cost you serious money, and a distraction-related crash could affect you forever.

Saving money and saving lives—could there be a better combo? Call 1-877-GO-DIRECT, visit us online, or stop by a local Direct Auto today to see if you qualify for a Safe Driver Discount and to get a free quote.