Colorado Cell Phone Driving Laws
Colorado cell phone driving laws have long been a controversial topic. Whether or not you think cell phone use while driving should be legal, it’s essential to understand what Colorado laws have to say about cell phones and driving. Here’s what you need to know about Colorado cell phone driving laws from our Colorado car accident attorneys.
Colorado Cell Phone Driving Laws
Colorado cell phone driving laws generally allow adults over 18 to use a cell phone while they drive, provided they can do so hands-free. Only minors under the age of 18 are prohibited from talking on a cell phone while they drive. Even though talking on a cell phone is legal in Colorado, it’s always illegal to drive carelessly or recklessly.
Is texting and driving illegal in Colorado? The short answer is yes. All Colorado drivers are prohibited from texting while driving. Texting and driving is illegal in the State of Colorado, but to get a ticket from law enforcement, the texting must cause you to drive carelessly or imprudently. There’s an exception for emergencies where a driver needs to text to notify emergency responders of a dangerous situation.
Can You Talk On A Cell Phone While Driving In Colorado?
Yes, you can talk on a cell phone while driving in Colorado. Drivers who are 18 years of age and older may talk on a cell phone while driving in all circumstances. Drivers under the age of 18 may not lawfully drive while talking on a cell phone. The only exception is for emergencies. A driver under the age of 18 may talk on a cell phone while driving to call emergency services like the police or fire department.
Cell Phone And Driving Laws In Colorado At A Glance
Here are the Colorado cell phone and driving laws at a glance:
- Talking on the phone (drivers over 18): Legal in all circumstances.
- Talking on the phone (drivers under 18): Legal only to notify law enforcement of an emergency.
- Texting (drivers over 18): Always illegal; ticket issued if texting causes you to drive in a careless or imprudent manner; enhanced penalties if the violation results in bodily injury to another person.
- Texting (drivers under 18): Always illegal; ticket issued if texting causes you to drive in a careless or imprudent manner; enhanced penalties if the violation results in bodily injury to another person.
In addition to these charges, a driver may also face charges of careless driving or reckless driving based on the unique circumstances of the offense.
Penalties For Cell Phone Use/Texting While Driving In Colorado At A Glance
Here are the penalties for cell phone use/texting while driving in Colorado at a glance:
- Cell phone use (driver under 18): Class A traffic infraction; $50 fine for a first offense, $100 for a second offense; one point added to the driver’s license.
- Texting while driving (all drivers): Class 2 traffic misdemeanor; up to 90 days in jail, $300 fine; four demerit points added to the driver’s license.
- Texting while driving resulting in bodily injury (all drivers): Class 1 traffic misdemeanor; up to one year in jail, up to $1,000 fine, four demerit points added to the driver’s license.
Colorado Cell Phone and Driving Law — Colorado Revised Statutes 42-4-239
Colorado’s cell phone and driving law is Colorado Revised Statutes 42-4-2391. The law says that a person under 18 may not use a wireless telephone (cell phone) while driving a motor vehicle. It also says that a person over 18 may not use a cell phone for texting or manual data entry while driving. The law makes an exception for emergencies.
What Is The Fine For Texting And Driving In Colorado?
The fine for texting and driving in Colorado is $300 for a first offense. The court may set the fine amount, but it must be at least $150 and not more than $300. If the texting and driving results in bodily injury, the fine is up to $1,000. Texting and driving comes with a fine of $300 or $1,000 in addition to license points and possible jail time.
Colorado Texting And Driving Laws
Colorado texting and driving laws make it illegal for any motorist to text and drive. Any kind of manual data entry, like texting, is prohibited for all Colorado drivers. There is an exception for emergency situations, like if you text to notify law enforcement or first responders. To receive a ticket for texting and driving, your texting must cause you to drive in a careless or imprudent manner. It’s up to the judge to decide if your driving is careless or imprudent.
Colorado Cell Phone Laws In 2025
Colorado texting and driving laws continue to evolve. On January 1, 2025, a new law took effect. The law requires anyone who uses a mobile phone while driving to do so using a hands-free device, like one of these:
- Dashboard phone mounts
- Bluetooth headsets
- Apple CarPlay, Android Auto, and other car speaker systems
Like most states, Colorado includes exceptions. First responders, utility workers, people reporting emergencies, and some others are exempt from the law.
If you’re caught violating the hands-free device law, penalties start with a $75 fine and two driver’s license points. The penalty increases with each successive violation. If you’re a first-time offender, you can have your charge dismissed by providing proof of purchase of a hands-free accessory.
In other states, these laws have already reduced crashes and saved lives. For example, Michigan banned handheld phones in 2023. In its first year, the ban led to a 12.8% decrease in distracted driving crashes.
Distracted Driving Penalties For Adults
Colorado has slightly different distracted driving penalties for adults and minors. To be charged with improper cell phone use while driving, an adult driver must be caught holding a cell phone or manually entering something onto the phone while driving.
For adults, the initial violation is charged as a Class 2 misdemeanor traffic offense. If convicted, a driver will be assessed a $300 fine and given four driver’s license points.
If an adult driver’s phone use causes injury or death to another, they’ll be charged with a Class 1 misdemeanor and given four driver’s license points. A conviction may result in up to a year in jail, a fine of up to $1,000, or both.
Distracted Driving Penalties For Minors
It is against Colorado law for minor drivers to use cell phones while driving. A minor driver caught using a cell phone can be charged with a Class A traffic infraction. This results in one driver’s license point and a $50 fine. A subsequent charge is also a Class A traffic infraction, but the fine is increased to $100.
Contact Our Colorado Car Accident Lawyers
Have you been hurt in an accident? Was cell phone use involved in the accident? We’re Colorado’s injury attorneys, and we can help. Our Colorado car accident attorneys know how frustrating it can be when a car accident involves a driver on a cell phone, or a driver who is texting.
Colorado’s distracted driving laws show that our state takes the use of phones while driving seriously. The criminal penalties for violating these laws are a start, but they pale in comparison to the devastation a distracted driving accident can cause.
We firmly believe that distracted drivers must be held responsible for their actions, and that includes holding them civilly liable for accidents they cause.
If you’ve been injured by a distracted driver, finding a skilled car accident lawyer is of paramount importance. You need a legal representative with a strong track record and a reputation for excellence.
Bachus & Schanker is here for you. Our team has recovered more than $1 billion in compensation for our clients, and our lawyers have been recognized by Rue Ratings’ Best Attorneys of America, Super Lawyers, 5280 Magazine, and other organizations.
We understand that you may be concerned about the cost of legal representation, especially if you’re facing high medical bills and are unable to work. Fortunately, partnering with us is risk-free. You only pay us if we recover compensation, and you never pay anything out of pocket.
Bachus & Schanker has multiple offices across Colorado and one in Cheyenne, WY. Our Colorado office locations include Denver, Aurora, Englewood, Fort Collins, and Colorado Springs.
Let our team evaluate your case and explain how you might qualify to receive financial compensation. Your call is free, and your consultation is always confidential.
