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The Facts About the New Cellphone Ban While Driving

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Colorado Hands-Free Law

Matt Bachus

I'm from the Midwest where a strong work ethic was important and, just like in Colorado, the people are down to earth and friendly...

I'm from the Midwest where a strong work ethic was important and, just like in Colorado, the people are down to earth and friendly...

Jan 24 7 minutes read

In a move to enhance road safety and reduce distracted driving crashes, a new Colorado law will go into effect on Jan. 1, 2025, that prohibits drivers from using a mobile electronic device while driving, though hands-free accessories are permitted. The new law expands the ban on using cellphones beyond just texting. It now includes holding or manually using a phone or other mobile device for voice calls or any other reason, requiring all drivers to use a hands-free device. 

Penalties for violating the law start with a $75 fine and two license suspension points for the first offense. Repeat offenders face higher fines and more license points. First-time violators can have the charge dismissed if they provide proof of purchasing a hands-free accessory. Hands-free accessories include Bluetooth headsets, dashboard mounts, CarPlay and Android auto and car speaker phone systems.

The law includes exemptions for individuals reporting emergencies, utility workers, code enforcement officers, animal protection officers, first responders and individuals in parked vehicles. The law also does not apply to an individual with a commercial driver's license operating a commercial vehicle. These exceptions ensure that critical communications are not hindered in emergency or essential service situations.

Hands-Free Accessories

Hands-free accessories help drivers keep their focus on the road while allowing them to stay connected. There are several options available for hands-free driving accessories, including:

  • Dashboard/Phone Mounts: These secure your phone in a visible but safe position, enabling the use of navigation or hands-free calls without holding the device.
  • Apple CarPlay/Android Auto: Built-in or aftermarket systems that integrate your smartphone with your vehicle’s display, allowing you to control your phone through voice commands or your car’s interface.
  • Built-in Car Speaker Systems: Many cars come equipped with Bluetooth-enabled speaker systems that allow hands-free communication and audio navigation. If your car does not have Bluetooth, there are plug-in devices for purchase that enable the feature through your vehicle’s existing stereo system. 

By using one of these devices, you can avoid penalties and help keep Colorado’s roads safe.

Know the Laws

Texting and driving is illegal for drivers of all ages in Colorado.

Adult drivers must use a hands-free device to make phone calls or use GPS. They are prohibited from sending a text message. Drivers younger than 18 years old are prohibited from using a cellphone for any purpose and can be fined and/or risk losing their license. Exceptions include emergency situations only.

For more information on Colorado laws, visit the Distracted Driving and Cellphone Use webpage. 

For more information on teen driving, visit the Colorado Teen Driving and Teen Driving Restrictions webpages.

Frequently Asked Questions

Does putting my phone on speaker count? 

A driver may not hold or handle their cellphone at any time while driving. Only hands-free calls are permitted. Handling the phone to initiate a call must be done before entering the roadway. No touching or handling of cellphones while driving is permitted, including while stopped at traffic signals. 

Can I use headphones while driving? What about putting my phone in a cupholder for navigation or pinning it between my shoulder and ear?  

Headphones - In Colorado, it is illegal to drive with headphones or earbuds in both ears, as it can impair your ability to hear important sounds, such as sirens or horns.
Cupholders - Putting your phone in the cupholder while using it for navigating is not recommended. A cup holder does not securely cradle the phone, meaning it could easily fall or fly out with sudden braking or sharp turns. This creates an added distraction of picking up a phone that has fallen to the floor of the vehicle.
Holding phone to ear - This is a violation. Your phone cannot be in your hands, held to your ear, or pinned between your ear and shoulder while driving. 

Can I use my phone when I’m at a stoplight or in a traffic jam?

No. The law still applies, even if you are stopped in traffic or at a stoplight. 

Does the law apply to using GPS apps or navigation on my phone?

Yes, the law applies to all phone use while driving, including using GPS apps. You must use a hands-free accessory or have the phone mounted in a secure manner to avoid a citation. 

Are there any exceptions to the law?

The law includes exemptions for individuals reporting emergencies, utility workers, code enforcement officers, animal protection officers, first responders, and individuals in parked vehicles. The law also does not apply to an individual with a commercial driver's license who is operating a commercial vehicle. 

What is the penalty for violating the law?

Penalties for violating the law start with a $75 fine and two license suspension points for the first offense. Repeat offenders face higher fines and more license points. First-time violators can have the charge dismissed if they provide proof of purchasing a hands-free accessory. 

How is this law enforced?

Law enforcement can pull over drivers if an officer witnesses an individual driving carelessly or imprudently while holding a device. Some examples are a driver holding a cellphone while driving through a construction zone or looking at a phone while traveling 75 mph on a highway. 

Will there be a grace period in which only warnings are given?

No, but fines for the first offense will be waived if proof of purchasing a hands-free accessory is provided. 

Doesn’t Colorado already have a law like this?

Yes. The new law expands upon Colorado’s existing distracted driving law, which already prohibits texting or any manual data entry and transmission on a cell phone while driving. Beginning in 2025, drivers will also be prohibited from holding or manually using a cell phone for voice calls, watching videos or any other purpose unless they are using a hands-free accessory. In short, avoid holding your phone for any reason while driving. 

 

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