Driving Tests

Colorado Hands-Free Law: Phone Use Rules, Fines and Teen Drivers

informational·how to guide·Published April 26, 2026

Can you hold your phone while driving in Colorado?

No. Since January 1, 2025, Colorado drivers may not hold a phone or pin it to the ear for a call, watch a video, or write, send or read texts, e-mail or internet data on it while driving. Hands-free calls and voice-to-text are allowed. As of 2026, fines within 24 months are $75, $150, then $250, each plus a $10 surcharge.

Where the Colorado phone rules come from

The rule is section 42-4-239 of the Colorado Revised Statutes, "Use of a mobile electronic device", in the 2024 edition of Title 42 (version effective January 1, 2025, from SB 24-065). The license points come from section 42-2-127 in the same edition. The DMV advice comes from the Colorado Driver Handbook DR 2337 and the Colorado DMV page for new drivers under 21. The drive test phone rule also comes from Rule 8 of the Colorado DMV rules (1 CCR 204-30). This guide is current as of 2026. Confirm the rules with the Colorado DMV (dmv.colorado.gov) before you drive.

What counts as phone use in Colorado, and what does not

What counts as phone use in Colorado, and what does not
What you do	Allowed while driving?	What the law says
Hold the phone in your hand, or pin it to your ear, for a voice call	No	Counts as "use".
Watch a video or movie on the phone	No	Counts as "use", except data for navigating the vehicle.
Write, send or read a text message, instant message, e-mail or internet data	No	Counts as "use", also when the phone is in a mount.
Send a voice message that your phone converts to text by itself	Yes	This is not text-based communication.
Send or read communication about navigating your vehicle	Yes	This is not text-based communication.
Talk on a call without holding the phone, with a speaker, one earbud or a headgear speaker	Yes	For calls, only holding the phone or pinning it to your ear counts as "use".

Which devices the Colorado phone law covers

The law covers any handheld or portable electronic device that can carry voice calls between people, give amusement or send data wirelessly. A smartphone is one. Radios, citizens band radios and systems built into the vehicle, such as an in-vehicle navigation or communications system, are not mobile electronic devices under the law. The ban applies while you drive on a public highway.

Who may use a phone while driving: the exceptions

Any driver may use a device to contact a public safety entity, or during an emergency (the FAQ lists what counts as one).
A first responder may use a device during official duties. So may a utility employee or contractor who responds to a utility emergency, and a city or county code enforcement or animal protection officer, each within the scope of their duties.
The section does not apply to a person with a commercial driver's license who operates a commercial vehicle.

Colorado hands-free law fines and license points

Colorado hands-free law fines and license points
Offense within the last 24 months	Fine	Surcharge	Points on a conviction
First	$75	$10	2
Second	$150	$10	3
Third or later	$250	$10	4

Penalties beyond the fine

A violation is a class A traffic infraction. If your actions are the proximate cause of bodily injury to another person, or of a death, the violation becomes a class 1 misdemeanor traffic offense. The points in the table count toward a license suspension under section 42-2-127.

Can a Colorado phone ticket be dismissed with a hands-free accessory?

You are charged, you show a hands-free accessory or proof that you bought one, and you swear under penalty of perjury that you never had a charge dismissed this way before

The law says you are not convicted. The court clerk may dismiss the charge after the clerk checks both conditions.

You already had one charge dismissed this way

You cannot use the accessory route again. The $75, $150 or $250 fine and the points apply on a conviction.

When can a Colorado officer cite you for phone use?

Section 42-4-239 (6) limits citations. An officer may cite you for a phone violation only after the officer saw you use the device in a way that made you drive in a careless and imprudent manner, as the careless driving law (42-4-1402) describes. This limit is on the citation only. The ban on hand-held use still applies to every driver.

Colorado phone rules for teen drivers under 18

The 2025 law has one rule for all drivers and no separate rule for drivers under 18. The old section, which ended on January 1, 2025, banned drivers under 18 from using a wireless telephone. The Colorado DMV page for drivers under 21 still says that texting or talking on a cell phone while driving is against the law for drivers under 18, and that the only exception is an emergency call to the police. Permit and minor driver's license holders should follow that advice. A driver under 18 with more than 5 points in 12 months can lose the license: see points and suspension for young drivers.

Phones and other distractions at the drive test and on the road

At the drive test, turn off the radio, your cell phone and other electronic devices. At a test with a driving school, all phones must be silenced. The drive test at a third-party school has the scoring rules.
If a call or another urgent matter comes up, pull over safely first. A practice question asks how to handle a nonemergency phone task while driving.
Secure loose objects before the trip, so that nothing falls to the floor while you drive. A practice question asks what to do about a fallen object on the floor.

Key takeaways

Since January 1, 2025, no Colorado driver may hold a phone for a call, watch video, or write, send or read texts while driving. Hands-free calls and voice-to-text are allowed.
Within 24 months: $75, $150, then $250, each plus a $10 surcharge, and 2, 3 or 4 points. Injury or death makes it a class 1 misdemeanor traffic offense.
One charge can be dismissed if you show a hands-free accessory and swear that you had no earlier dismissal.
The DMV tells drivers under 18 not to text or talk on a cell phone while driving, except to call police in an emergency.
Next step: test what you know on the free Colorado Class R practice test. Our practice tests are free and in English only.

Colorado hands-free law: common questions

Can I use my phone at a red light in Colorado?

No. The law leaves out only a vehicle that is at rest in a shoulder lane or lawfully parked. A stop at a red light or in traffic is neither, so the ban still applies. If you need the phone, pull off the road to a safe place, or park, before you pick it up.

Can I use my phone for GPS while driving?

Yes. Watching data for navigating the vehicle is not "use" under the law, and communication about navigation is not text-based communication. Review the map and plan your route before you begin driving, so that you can keep your eyes on the road.

What counts as an emergency under the Colorado phone law?

You may use a device if you have reason to fear for your life or safety, or you believe a crime may be committed against you or someone else. You may also use it to report a fire, a crash with an apparent injury, a serious road hazard, a medical or hazardous materials emergency, or a reckless, careless or unsafe driver.

Can I wear earbuds or headphones while driving in Colorado?

Not in both ears. You may not drive while wearing earphones, which means any device or headset that covers all or part of both ears. Hearing aids, cochlear implants and speakers built into protective headgear are not earphones. One earbud connected to your phone is allowed, also for a call.

Can police take my phone for a hands-free violation?

Not under this law. Section 42-4-239 does not allow the seizure and forfeiture of your phone, unless another law provides for it. The penalty for a first violation within 24 months is a $75 fine plus a $10 surcharge, and a conviction adds 2 points.