Jonah Patel
Texting while driving is illegal in 48 states, Washington, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands. However, the enforcement of these laws varies, with some states allowing police officers to cite drivers for using a hand-held cell phone without any other traffic offense taking place, while others require an additional reason for pulling over. The dangers of texting while driving are well-documented, with distracted driving causing around 2,841 deaths in 2018 and increasing the likelihood of a crash by up to 23 times. Despite the bans and the proven risks, texting while driving remains a prevalent issue, leading to questions about the constitutionality of the restrictions.
| Characteristics | Values |
|---|---|
| Number of states banning texting and driving | 48 |
| States where texting and driving is still legal | Missouri, Montana |
| States with lenient texting and driving laws | Arizona, Texas |
| States banning handheld cell phone use while driving | 24, including Puerto Rico, D.C., Guam, U.S. Virgin Islands, and the Northern Mariana Islands |
| States with primary enforcement laws banning texting while driving | 43 |
| States with secondary enforcement laws banning texting while driving | 5 |
| States banning all cell phone use by newer drivers | 36, plus Washington, D.C. |
| States prohibiting cell phone use by school bus drivers with children present | 19, plus Washington, D.C. |
| States banning cellphone usage by bus drivers | 23, including D.C. |
| States restricting cellphone usage in the case of novice drivers | 37 |
| States with distracted driving bans passed by local authorities | Several, including Ohio |
| States prohibiting localities from enacting laws regarding cell phone use | Florida, Kentucky, Louisiana, Mississippi, Nevada, Pennsylvania, Oklahoma |
| States where distracted driving is a primary offense | 47 |
| States where distracted driving is a secondary offense | Nebraska |
| Maximum fine for texting and driving | Oregon ($1,000), Utah ($750) |
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What You'll Learn
Texting while driving is dangerous and can cause accidents
The prevalence of cell phones means that accidents involving distracted drivers will continue to occur. Texting while driving is illegal in 48 US states, as well as Washington, D.C., Puerto Rico, Guam, and the US Virgin Islands. Missouri and Montana are the only two states that do not have a complete ban on texting and driving. While the laws vary by state, the NHTSA leads efforts to prevent distracted driving and provides federal investments in local strategies.
The dangers of texting while driving are well-known, with one study finding that 39% of high school students had sent texts or emails while driving within a 30-day period. Additionally, students who texted while driving were less likely to wear seat belts and more likely to drive with someone who had been drinking. To address this issue, some states have completely banned the handheld use of cell phones while driving, while others have implemented fines and penalties for texting while driving.
Texting while driving not only endangers the driver but also poses a threat to others on the road. It is essential for drivers to stay focused and attentive to prevent accidents. By keeping their eyes and minds on the road, drivers can reduce the risk of crashes and keep themselves and others safe. Additionally, parents, educators, and employers can play a role in raising awareness about the dangers of texting while driving and encouraging safe driving practices.
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Most states have banned texting and driving
In the United States, most states have banned texting and driving due to the dangers it poses. As of 2025, 48 states, Washington, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands have outlawed text messaging for all drivers. This means that police officers can stop and ticket drivers solely for texting, without the need for another traffic violation to occur.
Missouri and Montana are the only two states without a complete ban on texting and driving. Missouri's current law only bans drivers aged 21 and below from texting while driving, with a $200 fine and two points against the driver's license as penalties. Meanwhile, Montana has no existing texting-while-driving or distracted driving laws. Arizona and Texas are also considered lenient towards drivers who text and drive, allowing it under certain circumstances.
The ban on texting and driving is part of a broader effort to address distracted driving, which includes the use of handheld cell phones, interactive mobile devices, and other electronic devices while operating a motor vehicle. Distracted driving has been identified as a significant safety issue, with the National Highway Traffic Safety Administration reporting that it claimed 2,841 lives in 2018. Texting while driving is particularly dangerous, as it takes the driver's eyes off the road and increases the risk of accidents. Studies have found that distracted driving is six times more dangerous than drunk driving and makes a crash up to 23 times more likely.
While most states have implemented bans on texting and driving, the specific laws and enforcement methods vary. Some states have primary enforcement laws, allowing officers to cite drivers solely for using a handheld cell phone or interactive mobile device. Other states have secondary enforcement laws, requiring an additional traffic violation to be present before citing a driver for cell phone use. Additionally, some laws only target handheld devices, while others include both handheld and hands-free devices.
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Primary and secondary enforcement laws
In the United States, a primary traffic offence is one for which a police officer can stop a driver and issue a citation. A secondary offence, on the other hand, is when an officer can only issue a citation for a separate, primary offence.
Texting while driving was previously considered a secondary offence in Florida, meaning that law enforcement officers could only cite drivers for texting if they had pulled them over for another violation. However, in 2021, Florida became the latest state to make texting while driving a primary offence. This means that law enforcement officers can now pull over and cite drivers specifically for texting behind the wheel. The new law also bans the use of smartphone devices in school and construction zones.
The bill was signed by Governor Ron DeSantis, who said, "Studies have shown that texting while driving is one of the worst of all driving distractions, and a recent study ranked Florida as the second worst state for distracted driving. It's my hope that by taking action to address distracted drivers today, we will be able to make our roads safer and hopefully prevent some of the crashes, injuries, and, unfortunately, some of the deaths that we've seen."
In most circumstances, Florida Highway Patrol Troopers issued warnings for texting and driving until December 31, 2019, to educate drivers about the new law. From October 1, 2019, onwards, wireless communication devices could only be used in a hands-free manner when driving in designated school or work zones. Starting January 1, 2020, drivers could be cited for using any wireless communication devices in a handheld manner in these zones.
Despite the good intentions of the new law, there are concerns about how officers will prove the infraction. To charge someone with a crime, an officer must prove that an offence occurred. In the case of texting while driving, an officer would need to check the driver's phone, but this is considered a search, and drivers have the right to refuse. This has raised concerns about the potential for racial profiling and the disproportionate targeting of people of color by police.
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The law on police seizing phones and searching texts is unclear
Texting while driving is banned in 48 US states, with only Missouri and Montana allowing the practice. Various laws in the United States regulate the use of mobile phones and other electronics by motorists, with some laws affecting novice or commercial drivers, and others targeting all drivers.
The laws surrounding police seizure of phones and searching of texts are complex and often unclear. The Fourth Amendment to the US Constitution protects citizens from unreasonable government searches and seizures, and this protection extends to computers and portable devices. However, the specific circumstances under which police may seize and search phones are not always clear. For example, if an officer sees a driver looking down at their phone, does this give them probable cause to make a traffic stop and search the phone?
The Supreme Court has ruled that a warrant is required before law enforcement can search the contents of a cell phone, under the Fourth Amendment. This is due to the high expectation of privacy in a cell phone's contents. However, the Ohio Supreme Court has not defined a cell phone as a closed container, and the US Supreme Court has approved warrantless seizures of cell phones, considering them less intrusive than searches. Nevertheless, law enforcement must obtain a warrant before searching the phone's contents.
The Fifth Amendment also protects citizens from self-incrimination, which may be violated if a driver is required to turn over their phone, as communications could potentially be used against them in a criminal case. In addition, the police may only search a person's phone under limited circumstances after an arrest, such as when the phone is on their person or within their immediate control.
The law on police seizure of phones and searching of texts is further complicated by the fact that different states may have their own stronger protections. For example, several states have prohibited localities from enacting their own laws regarding cell phone use while driving. Therefore, the legality of police seizing phones and searching texts is dependent on various factors and may vary depending on the state and specific circumstances.
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Distracted driving includes other behaviours
Distracted driving is any activity that diverts attention from driving. Texting while driving is one of the most alarming distractions, with drivers taking their eyes off the road for 5 seconds to read or send a text, which is like driving the length of a football field with their eyes closed.
However, distracted driving includes other behaviours beyond just texting and can involve other forms of electronic device usage, such as adjusting a radio or navigation system, eating and drinking, reading, grooming, or even just holding these devices. Talking on a cellphone has also been shown to significantly increase crash risk, particularly for younger drivers aged 16-29.
In recognition of the dangers of distracted driving, many states have enacted laws to prevent it. Twenty-four states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibit all drivers from using hand-held cell phones while driving. Forty-eight states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands ban text messaging for all drivers, with only Missouri and Montana lacking a complete ban on texting and driving.
To address distracted driving, the National Highway Traffic Safety Administration (NHTSA) has launched several campaigns, including "U Drive. U Text. U Pay." and "Put the Phone Away or Pay." These campaigns aim to raise awareness of the dangers of distracted driving and enforce laws against it.
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Frequently asked questions
Yes, 48 US states have banned texting and driving. Missouri and Montana are the only two states that do not have a complete ban on texting and driving.
Texting while driving is the most dangerous road distraction, claiming around nine lives each day in the United States. It makes a crash up to 23 times more likely and is six times more dangerous than drunk driving.
Texting and driving fines vary in every state. Oregon has the highest penalty, with a maximum fine of $1,000 for a single offense. Utah comes in second, with a fine of up to $750 for the first offense.
If you do not consent, a police officer cannot search your phone unless you are arrested or they obtain a warrant.
