Hands-Free Driving Laws by State

By Cesar Marroquin

Last reviewed: September 29, 2026

Phone laws for drivers change a lot from one state line to the next. Almost every state bans texting behind the wheel, and most now go further and ban holding a phone at all. If you drive across state lines, or you have a teen who just got a license, it is worth knowing which rules apply where.

This guide is based on two sources that track these laws closely: the Insurance Institute for Highway Safety (IIHS) electronic device law table and the Governors Highway Safety Association (GHSA) distracted driving summary. Legislatures amend these laws often, so the state statute and your DMV are the final word.

Why these laws matter for families and teens

NHTSA counted 3,208 people killed and 315,167 injured in distraction-affected crashes in 2024, as summarized by GHSA. GHSA also notes that the real numbers are probably higher, because distraction is hard to prove after a crash. NHTSA’s observation survey found that at any given daylight moment in 2024, more than 537,000 U.S. drivers were visibly handling a phone.

New drivers are the group most states single out. Many states that let adults make hands-free calls ban all phone use, hands-free included, for permit and intermediate license holders. A family rule that matches or goes beyond the law is easier to keep than one that changes with the situation.

Phone use and seat belts cover different parts of the same problem. Looking at a phone delays how fast you see a hazard and react. A seat belt does nothing to prevent that crash, but it makes a big difference in how badly people get hurt if it happens.

Hands-free laws and texting bans are not the same thing

Texting bans cover writing, sending, or reading messages, and in many states email, internet, or social media too. According to GHSA, 49 states, D.C., Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands ban texting for all drivers. Montana is the one state without a statewide texting ban for all drivers.

Hand-held bans go further. They generally prohibit holding a phone to talk or use it while driving, and allow voice control or a single tap or swipe on a phone that is mounted. GHSA reports that 33 states and D.C. (plus Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands) prohibit all drivers from using hand-held phones.

No state bans every kind of phone use for every driver. GHSA counts 36 states and D.C. that ban all phone use by novice drivers, and 25 states and D.C. that ban it for school bus drivers.

State-by-state table

The table below condenses the IIHS electronic device law table dated September 2026. “All drivers” in the second column means IIHS lists a hand-held call ban for every driver. “Limited” means the ban only applies to certain drivers or places, such as school or work zones. Enforcement type comes from GHSA. The IIHS table has more detail, including how each state treats stops at red lights and what counts as allowed hands-free use: IIHS electronic device laws.

How to check your state: open the IIHS table, then confirm on GHSA or your state highway safety office or DMV. Cities can add their own rules unless state law preempts them. GHSA lists Florida, Iowa, Kentucky, Louisiana, Mississippi, Nevada, Pennsylvania, Oklahoma, Oregon, and South Carolina among the states with preemption.

Primary vs. secondary enforcement

With primary enforcement, an officer can pull you over for the phone violation alone. With secondary enforcement, the officer needs some other reason to stop you first and can then add the phone citation.

GHSA says that of the jurisdictions with all-driver hand-held bans, every one except Alabama and Missouri enforces the ban as a primary offense. For texting bans, all but six are primary.

Gray areas drivers get wrong

Stopped at a red light. Some states still count a temporary stop as driving. Others exempt a car that is parked or pulled fully off the road. IIHS has a column for exactly this question.

“I was only dialing.” In texting-only states, that claim is hard for an officer to disprove. It is one of the reasons GHSA recommends hand-held bans for all drivers.

One tap or swipe. Many hands-free laws allow a single tap or swipe on a mounted phone. Holding the phone against your face is still a violation in hand-held ban states.

School and work zones. Arkansas, Florida, Kansas, Oklahoma, Texas, and Wisconsin limit hand-held use only in certain zones or for certain drivers. What is legal can change within a few miles.

Novice drivers. Even where adults may make hands-free calls, a teen with a permit or intermediate license often may not use a phone at all. Read the novice column before you hand over the keys.

Phone use and seat belts

A phone in your hand raises the chance of a crash. A belt lowers the chance of serious injury if one happens (see 10 consequences of not wearing a seat belt). Treat both as fixed rules: phone mounted and on voice only where the law allows it, belt on, every trip.

If you are coaching a teen, cover both in the same conversation. “Phone down and buckled up” is one rule, not two separate talks.

If your state recently changed its law

Hand-held bans have spread quickly over the last few years. In Connecticut, IIHS lists a ban on holding a device that takes effect October 1, 2026. Other states have added limits in school and work zones or tightened rules for novice drivers.

After a move or before a long road trip, check IIHS and the DMV page for the states you will drive through. What you remember from a few years ago may no longer be the law.

Habits that keep you legal in every state

• Mount the phone and start navigation before you shift into drive.
• Turn on Do Not Disturb or driving mode so messages do not light up the screen.
• Pull into a legal parking spot for anything that needs both hands or your full attention.
• Let a passenger handle maps and replies.
• Follow the same rules you set for your teen. Kids notice who picks up the phone at red lights.
• Make sure everyone in the car is buckled, in every seat, on every trip.

FAQ

How many states have hand-held phone bans?

GHSA counts 33 states and D.C. that prohibit all drivers from using hand-held phones, plus four U.S. territories. The count goes up whenever a legislature passes a new ban, so check GHSA or IIHS for the current number.

Is texting while driving illegal everywhere?

Nearly everywhere. GHSA reports that 49 states and D.C. ban texting for all drivers. Montana does not have a statewide ban, although some local ordinances there may apply.

Can I hold my phone if I am only using GPS?

In states with hand-held bans, holding the phone is usually the violation, even for maps. Mount it and use voice or the single tap your state allows. IIHS lists each state’s exact wording.

Do hands-free laws allow Bluetooth calls?

Generally yes for adult drivers. Built-in car systems and headsets are the kind of hands-free use these laws allow. What they ban is holding the phone or handling it beyond a limited tap. Novice drivers in many states may not make calls at all.

What should teens know that adults often miss?

Many states ban all electronic device use for novice drivers, including hands-free. A call that is legal for a parent may be illegal for a teen with a permit or intermediate license.

Sources

• IIHS: Electronic device laws (state table, September 2026)
• GHSA: Distracted driving state laws
• NHTSA, Distracted Driving in 2024 and Driver Electronic Device Use in 2024, as cited by GHSA