Texting and Driving Laws Across the U.S.: What You Need to Know

Be their hero behind the wheel. Hear John Morgan’s powerful message on safe driving—click here to watch.

Morgan & Morgan Founder John Morgan has noted how kids look up to their parents as their superheroes, mimicking the behaviors and attitudes of their ultimate role models. 

But let’s face it—texting while driving is the villain of a safe superhero. You wouldn’t close your eyes while speeding down the highway, so why risk it by staring at your phone? Remember, the little eyes in the backseat are watching; don’t normalize a bad habit to your impressionable, biggest fan.

In the ongoing battle to keep our roads safe, every state has its own set of rules designed to put a stop to this dangerous habit. Below we can explore texting and driving laws across the U.S. and break down the key regulations, penalties, and enforcement trends you need to know.

The Big Picture: Texting and Driving Is Illegal (Mostly Everywhere)

The vast majority of states have laws banning texting while driving, with some variation depending on where you live. These laws are designed to protect everyone on the road—from the driver and passengers to pedestrians and cyclists. Here’s a quick overview of what you can expect across the country:

• 48 states plus D.C., Puerto Rico, Guam, and the U.S. Virgin Islands have banned texting for all drivers.
• 39 states also ban all cell phone use (including hands-free) for teen drivers or those with learner’s permits.
• 20 states prohibit the use of hand-held cell phones entirely for drivers of any age.

So, what’s the deal with the other two states? If you live in Missouri or Montana, the laws are a bit more lenient. Missouri only bans texting for drivers under 21, and Montana doesn’t have a statewide ban (though some cities enforce their own local ordinances). But if you're thinking of moving to Montana for the sole purpose of texting behind the wheel, don’t. We promise it’s not worth it.

A Closer Look: State-by-State Texting and Driving Laws

Curious about the texting and driving laws in your state? Here’s a breakdown of some of the key regulations and penalties you can expect depending on where you live:

Alabama

• Law: Texting is banned for all drivers.
• Penalties: $25 fine for first offense, $50 for second, and $75 for third.

California

• Law: Hand-held cell phone use, including texting, is prohibited.
• Penalties: $20 for the first offense, $50 for subsequent offenses (plus additional fees).

Florida

• Law: Texting while driving is a primary offense, meaning police can pull you over for texting alone.
• Penalties: $30 fine for first offense, $60 for the second, with added points on your license.

Georgia

• Law: The Hands-Free Georgia Act prohibits all drivers from using hand-held devices.
• Penalties: $50 fine for first offense, $100 for second, and $150 for third.

New York

• Law: All hand-held cell phone use is banned while driving.
• Penalties: $50 to $200 fine for first offense, increasing for repeat violations.

Texas

• Law: Texting while driving is banned for all drivers, and hand-held phone use is banned for drivers under 18.
• Penalties: Fines can range from $25 to $99 for first offenses, and up to $200 for repeat offenses.

For a full list of texting and driving laws by state, check your state’s Department of Motor Vehicles (DMV) website, or a quick search could lead you to one of many handy interactive maps available online.

Fun Fact: The Rise of "Primary Enforcement"

A big trend in recent years has been the shift toward primary enforcement laws. This means that law enforcement officers can pull you over specifically for texting or using your phone without any other traffic offense occurring. Primary enforcement makes it easier to crack down on distracted driving since there’s no need for another excuse to issue a ticket.

Currently, 48 states enforce texting bans as a primary offense. So, yes, even if you’re otherwise driving perfectly, if you’re caught texting, that could be reason enough to see the flashing lights.

Penalties for Texting and Driving: What’s the Cost?

In addition to fines, getting caught texting and driving can lead to some other not-so-fun consequences, such as:

• Points on your license (in some states), which can lead to higher insurance premiums.
• License suspension if you accrue too many points.
• Increased insurance rates (your insurance company will definitely notice that ticket).
• Court appearances for repeat offenses or if texting leads to an accident.

Let’s not forget the real cost: your life or someone else’s. According to the National Highway Traffic Safety Administration (NHTSA), in 2020 alone, 3,142 people were killed in distracted driving crashes. That’s 3,142 too many. Texting may seem quick, but it’s never worth the risk.

 

The Family Connection: Kids Are Watching You

As we mentioned before, your kids are always watching—and yes, that means they’re keeping an eye on your driving habits too. Studies show that parents who text and drive are far more likely to raise kids who will do the same. If you want to set a positive example for the next generation of drivers, it’s time to put down the phone.

Be the superhero they think you are. Make it a rule to never text and drive, and they’ll follow suit when it’s their turn to get behind the wheel.

Clever Tip: The One-Touch Rule

If you absolutely must use your phone while driving (and we really don’t recommend it), try to follow the one-touch rule. This means your phone should be mounted and used hands-free, and it should take no more than one tap to answer a call or start navigation. Even better? Set everything up before you start driving—because once you’re in motion, your focus should be on the road, not your phone.

Closing Thoughts: Drive Smart, Stay Safe

At the end of the day, no text is worth a life—not yours, your passengers’, or anyone else’s on the road. Texting and driving laws across the U.S. exist for a reason: to save lives. So, the next time you’re tempted to send a quick “LOL” or check your email at a stoplight, think twice.

Because if you want to live up to the hype as your kid’s superhero, putting the phone down could save lives—and spare you a hefty fine.

Morgan & Morgan Is Here for You

Even heroes can find themselves in need. If you or a loved one has been injured due to a texting and driving accident, Morgan & Morgan’s team of experienced attorneys can help you navigate your legal options and fight for the compensation you deserve. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.