While smartphones have dramatically changed the way people communicate, they have also contributed to distracted driving. Authorities are even working on systems that include cell phone tracking and cameras to help police issue tickets for distracted drivers. And most people will probably welcome this: according to the 2022 AAA According to the Traffic Safety Culture Index, approximately 93% of drivers consider reading, emailing and texting on a mobile phone very or extremely dangerous.
While hands-free use of your smartphone is generally allowed everywhere (with some exceptions), physically handling a cell phone while behind the wheel is prohibited in 31 states, including California, Maine, Idaho, and Tennessee. National Conference of State Legislatures. This includes touching your phone, such as typing, scrolling or tapping, regardless of what applications or features you are using.
Manually reading and typing text on your phone while driving is illegal in 49 states. The exception is Montana, where there is no statewide ban on texting while driving, but some counties have rules. In 2025, Montana Senate Bill 359 proposed stricter measures but failed to pass the legislature. So when you’re at a red light, it’s essentially illegal to physically grab your cell phone in most US states. But the legality of using your smartphone hands-free remains ambiguous in some parts of the country.
Legitimate hands-free use may be unclear, and exceptions may exist for texting while driving
Some places, like Alaska, make additional distinctions regarding when it’s illegal to text, but the law still doesn’t cover every scenario. It is against Alaska law to physically communicate using text messages while driving, but only while the vehicle is moving. Does this mean you can be cited while at a red light if you are typing text and lift the brake pedal slightly, allowing your vehicle to roll forward one foot?
Kentucky has a similar ban on texting while driving, but has exceptions. You can touch your phone if you use GPS, enter a phone number or contact name to make a call. But whether you’re typing a short message or dialing a phone number, your attention won’t be diverted from the road, right?
Why phone use while driving is a big problem, and why distracted driver laws are difficult to enforce
This danger can become even greater when dealing with text messages. Therefore, 49 states and the District of Columbia have banned these messages for motor vehicle operators. According to the Governors Association for Road SafetySimply looking away from the road and reading a text message for about five seconds while traveling at 55 mph is akin to covering a distance equivalent to a football field with your eyes covered. What can happen in just a few seconds? Take for example this totally avoidable nine-car pileup, which is a great example of why you should put your phone down while driving.
Even more troubling, it can be difficult for police to enforce distracted driving laws, especially in states that do not have hands-free requirements. For example, in places with exceptions, the police cannot be sure what you are doing on your smartphone. In states like Iowa, it’s illegal to text and drive, but holding your phone when getting directions or calling someone is perfectly legal, leaving even eagle-eyed officers with a potential dilemma.
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