While it can be tempting for drivers to check their phones or respond to someone as soon as they get a text message, it’s not worth the risk. The personal and legal consequences of texting and driving can stain your record and affect car insurance rates.
Learn more about texting while driving insurance impacts and potential legal penalties you may face in your state.
What Are the Legal Penalties for Texting While Driving in Different States?
As people become more reliant on smartphones, this dependency also affects driving behaviors. Distracted driving is a leading factor in motor vehicle accidents in the United States, with 289,310 people injured in crashes caused by distracted drivers in 2022.
To combat the dangers of texting while driving, states have legal ramifications that apply to the use of electronic devices.
Fines
Fines for texting while driving vary by state, but you could be looking at a hefty financial penalty when you reach for your phone. For example, you can be fined up to $10,000 in Alaska for texting or using a handheld phone while behind the wheel. If you injure someone or cause an accident that leads to a fatality, fines can even reach $250,000.
Several other states are also strict and have higher fines for texting, such as:
- Oregon: Up to $1,000 for first offense
- Colorado: $300 for first offense; up to $1,000 if the texting causes an accident with bodily injury
Some states’ fines are more moderate and fall between $100 and $250 for an initial offense, including California, Massachusetts, Ohio, and New York. However, other states have lower fines for first-time offenses, with higher penalties for subsequent texting-while-driving violations. Examples include:
- Nevada: $50 for the first offense; $100 for a second offense within seven years of the first violation; $250 for all following offenses
- Arizona: $75-$149 for the first offense; up to $250 for all following offenses
- Texas: Up to $99 for the first offense; up to $200 for all following offenses
- Illinois: $75 for the first offense; $100 for the second offense; $125 for the third offense; $150 for all following offenses
- Florida: $30 for the first offense; $60 for the second offense within five years of the first violation
- Georgia: $50 for the first offense; $100 for the second offense; $150 for a third offense when within 24 months of the initial offense
Points on Driving Record/Suspended License
You could also be facing points on your driving record and a possible suspended license for driving while distracted by your phone. For example, a violation for texting behind the wheel in Ohio racks up two points on your record. The second offense is three points, and the third and subsequent offenses are four points. If you reach 12 points within a two-year period, the state can suspend your driver's license.
Similarly, New York adds five points to your driving record for texting or using a handheld electronic device while driving. Receiving 11 points within 18 months is enough to suspend your driver's license.
“ The personal and legal consequences of texting and driving can stain your record and affect car insurance rates. ”
Prison Time
In all but two states, texting while driving is against the law. If you break the law, have subsequent violations within a set period of time, or cause a traffic crash, you may have to serve prison time.
If you cause a fatal car accident in Illinois due to texting behind the wheel, you can get a prison sentence of up to three years. Likewise, you may face up to six months in jail in Arizona for causing a motor vehicle crash that leads to death or serious injury.
How Does Texting While Driving Influence Your Car Insurance Rates?
Wondering how texting affects car insurance rates? Depending on your state’s laws and your auto insurance company, getting a ticket for texting while driving can increase your insurance premium. In many states, insurance rates are likely to go up for a moving violation — particularly if it’s not your first ticket.
Texting while driving violations can add points to your driving record, making you more of a liability to insurance companies. Engaging in risky cell phone use increases the risk of an accident. Additionally, multiple violations show that you have a pattern of reckless behavior behind the wheel, which can bump up your insurance rate.
Can Texting While Driving Lead to Criminal Charges?
Yes. Handheld cell phone use, including texting, can lead to criminal charges. Depending on your state’s laws and individual circumstances, people who choose to text while driving and cause an accident, injuries, or death could be charged with:
What Are the Long-Term Effects of Having a Texting While Driving Violation on Your Driving Record?
If you are caught texting while operating a motor vehicle, there are long-term consequences that can affect you years after the violation. For one, you will likely have higher insurance rates and have to pay more than those without any violations. Multiple offenses could increase premiums even more and possibly lead to insurance companies canceling your policy.
Also, you will have demerit points on your driving record. Depending on how many points you had before the texting-while-driving ticket and your state’s laws, your license could be suspended. Without reliable transportation, the violation could impact your job, family, and social life. Some states may also require offenders to take classes on defensive driving for texting tickets.
Aside from criminal charges, texting while driving can lead to a civil lawsuit against you if you cause an accident. This means you could be held liable for medical bills and other damages that resulted from the crash, leaving you with long-term financial struggles.
How Can You Fight a Texting While Driving Charge, and What Are the Implications for Doing So?
If you choose to fight a texting while driving charge, you will need to appear in court in person to argue your case. While working with an experienced lawyer can help, it can be difficult to get the ticket dismissed. However, these are common defenses that could lead to a lower fine or dismissal of the ticket:
- Inadequate evidence
- Mistaken identity
- Making an emergency call
- Driving on private property
- Using hands-free or voice-activated technology
Keep in mind that losing in court means you must pay attorney and court fees and face the penalties for your violation.
Frequently Asked Questions
Does Texting While Driving Affect Future Insurance Coverage Eligibility?
Yes, texting while driving violations means that insurance companies will see you as more of a liability than other drivers. That can make it difficult to find affordable car insurance coverage or to renew your policy at the same rate.
Insurance prices change daily, so the best way to get the right insurance for the right price is to compare and shop often. Getting a custom comparison is quick, easy, and always free with us.