Texting and driving laws in all 50 states

Smartphones have become nearly ubiquitous — they’re in almost everyone’s back pocket or bag. But along with the accessibility and convenience of having a computer on us at all times comes fears about what the distraction of a screen means for drivers on the road. According to the National Traffic Safety Administration, in 2017, there were 3,166 people killed in vehicle crashes involving distracted drivers, which included drivers distracted by activities like eating, adjusting the radio or talking to other passengers as well as texting.

The dangers posed by texting and driving have inspired both technological and legal approaches to keeping drivers’ eyes off their phones and on the road. A range of apps exist to prevent texting and driving, like AT&T’s DriveMode app, which is available for anyone regardless of cellphone carrier and silently sends auto-replies to any incoming texts while you’re behind the wheel. IPhones can now also automatically put your phone into “Do Not Disturb” mode when it senses you’re in a moving car.

In terms of legislative efforts to discourage texting and driving, 48 states and the District of Columbia now have a ban on texting and driving. The consequences of texting and driving vary state-to-state, but can include fines, fees, and even license suspension.

In this article:

• Texting and driving statistics

• Texting and driving laws by state

• How much is a ticket for texting and driving?

Texting and driving statistics

88% • The percent of trips during which drivers used their phones, according to a 2017 study by Zendrive

3,166 • The number of people killed in distraction-related car crashes in 2017 according to the NHSTA

3.9% • The percent of drivers ages 16-24 observed texting or using hand-held devices while driving in 2017, according to the NHSTA

2 seconds • The amount of time you need to take your eyes off the road in order to increase your risk of an accident up to 24x, according to research from Oregon State University

Texting and driving laws by state

As of 2019, 48 states and the District of Columbia had passed laws banning texting and driving. A smaller number of states had bans on drivers having handheld phone conversations while behind the wheel, either overall or in specific circumstances, like passing through a highway work zone. And 38 states and the District of Columbia have specific laws on the books that restrict cellphone use by minors.

Here is a comprehensive list of distracted driving laws in every state, according to the Insurance Institute for Highway Safety:

How much is a ticket for texting and driving?

So what’s the penalty if you’re caught texting while driving? Different states have different consequences for violating their respective distracted driving laws, but you can probably expect at least a fine if you’re caught sending a text message while behind the wheel. In New York, for example, drivers ticketed for texting while driving can face a fine of $50–$200 for a first offense, with fines increasing for subsequent offenses.

In Texas, a texting while driving ticket can mean fines of $25–$99 for a first offense, but a driver who is convicted of texting while driving who is also at-fault for serious injury or death to others may be fined up to $4,000 and even face jail time.

Your state may or may not consider texting while driving a “primary law.” A primary law means that you can be stopped for texting while driving even if you’ve committed no other violations. A “secondary law” means that texting while driving may be prohibited under some circumstances, but a law enforcement officer can only pull you over for texting while driving if they’ve also observed you committing another traffic violation, like if you were texting while driving and also ran a red light.

Many states employ a “points” system for traffic violations — different types of violations earn different numbers of points. If you rack up too many points on your license, it may be suspended or even revoked. If you’re ticketed for texting while driving, or for having a handheld cell conversation, that will likely add points to your license.

The best way to avoid the consequences of texting while driving — including both the legal consequences and the potential dangers of distracted driving — is to simply not use your phone while behind the wheel. Using a hands-free device isn’t prohibited, so if you must have a cell conversation, do it through voice command or bluetooth.

But there’s evidence that even if you aren’t texting while driving, electronic devices in your car, including the ones that are built into the vehicle itself, can distract you from the road. If your car has a navigation system, program it before you start your trip, and ask a passenger to adjust your car’s climate or entertainment systems rather than looking away from the road.

What happens to my insurance after a texting and driving ticket

Your car insurance premium is calculated based on a number of factors that car insurance companies use to evaluate how much of a risk you’ll be to insure. Your insurance company will consider everything from your ZIP code to your age to the make and model of car you drive. And yes, your driving history will also play a big role in how much you’ll pay for car insurance.

Any traffic violations on your MVR, or motor vehicle report, will be factored into the cost of your car insurance, so if you had a clean driving record but you’re later ticketed for texting while driving, you may see your rates go up when it’s time to renew your policy.

But don’t worry, violations don’t affect your insurance forever. Most car insurance companies will only look at the past three to five years of your driving history. So if you get a texting and driving ticket and then keep a spotless record for the next few years, your rates can go back down.