Driving Tests

Delaware Cell Phone Driving Law: $100 Fine, No Points, No Phone on a Permit

informational·how to guide·Published September 10, 2026

Can I hold my phone while driving in Delaware, and what is the fine?

No. Delaware bans holding a phone or other electronic device to call, text, browse or play while you drive on a highway. The first offense is a $100 civil penalty (U.S. dollars). A later offense within 2 years is $200 to $300. No points are added. Hands-free calls are allowed for licensed drivers, but a Level 1 Learner's Permit holder may not use a phone at all while driving.

Where these rules come from

The hand-held ban, the fines and the points rule are in Delaware Code Title 21, section 4176C. The permit holder rule and the suspension rule are in Title 21, section 2710. The Delaware Driver Manual (July 2026) gives the plain-language version and the road test rule. The careless driving law is Title 21, section 4176. This guide is current as of 2026. Confirm the rules with the Delaware DMV (dmv.de.gov) before you drive.

What counts as using a phone while driving in Delaware

Holding it in your hand or hands while you do one of the four things below. The ban is about the device in your hand.
Calling: talking into or listening on the device. Dialing or punching in a number does not count as a call.
Texting and data: writing, sending, reading or browsing e-mail, text messages or other data, and saving or opening it.
Images and games: viewing or sending images or data, and playing games.
More than phones: the law's "electronic communication device" also includes a portable computing device, a laptop, a pager, a 2-way messaging device, an electronic game and a device with mobile data access.

Adult driver or Level 1 permit holder: what is allowed

Adult driver or Level 1 permit holder: what is allowed
What you do while driving	Driver with a license	Level 1 Learner's Permit holder
Hold the phone to call, text, browse or play	Banned ($100 first offense)	Banned
Call on a hands-free device, without holding it	Allowed	Not allowed, unless stopped off the lanes of travel
Dial a number or switch hands-free equipment on or off	Allowed	Not allowed, unless stopped off the lanes of travel
Use the phone after you stop off the lanes of travel	Allowed (the ban covers a moving vehicle)	Allowed
Penalty	$100, then $200 to $300 within 2 years; no points	Negligent driving; the Department may suspend the permit

Fine for a first and a repeat phone offense

The first offense is a civil penalty of $100. For each later offense within 2 years of the earlier one, the penalty is $200 to $300. The law adds no motor vehicle points for this violation. Of each $100 penalty, $20 goes to the Volunteer Ambulance Company Fund, and a separate $10 penalty under Title 11, section 4101(j), is also assessed.

Can I use hands-free in Delaware?

Yes, if you hold a license and you are not on a permit. A call on a hands-free device with hands-free equipment is exempt, as long as you do not hold the device in your hand or hands. You may also switch the equipment on or off. A hands-free device lets you talk without the use of either hand. The Manual says that if you dial or activate your equipment, you must then put the device down. To send a text, park first, as the free practice question on typing a text on a handheld phone shows.

Who is exempt from the hand-held ban

Law enforcement officers, firefighters, EMTs, paramedics and operators of authorized emergency vehicles on official duty.
A person who uses a device to report a fire, traffic accident, serious road hazard, medical or hazardous materials emergency, an unsafe or impaired driver, or any crime.
A person who drives or operates an unregistered farm tractor, farm truck or farm equipment.
An FCC-licensed amateur radio operator who uses an amateur radio.
An employee who uses a 2-way radio mounted or attached to a vehicle to talk to a dispatch, a base of operation or other employees of the business or government entity.

The extra phone rule for a Level 1 Learner's Permit

A permit holder may not use a cell phone, a text messager or a similar electronic device while driving, and the rule has no hands-free exception. It does not apply once the holder has stopped the vehicle at a location off the lanes of travel. A permit holder who breaks it is deemed to drive in a negligent manner. The Department may then suspend the permit at once, for 1 month the first time and 3 months for each later suspension. The driver education learner's permit has the same phone ban. Read the other permit limits in the Level 1 permit supervision, curfew and passenger guide.

Hands-free calls after the permit: the Manual note

The Delaware Driver Manual goes further than the permit law: its note says all cell phone or electronic device use, including hands-free, is prohibited for drivers with a Graduated Driver License. In the law, the phone ban is in the Level 1 permit rules of section 2710. If you are under 18 and just moved up to a Class D license, keep the phone off and ask the DMV which rule applies to you. Test yourself with the free question on whether a Level One permit holder may make a hands-free call.

What to do in common phone situations

If you need to read or send a text

Pull over and stop first. Texting while holding the phone is the banned use. A permit holder must stop off the lanes of travel.

If you are on a hands-free call and you hold a license

Keep the device out of your hands and use hands-free equipment. Do not hold it to your ear.

If you hold a Level 1 Learner's Permit and the phone rings

Let it ring. Return the call after you stop off the lanes of travel.

Careless driving and phone distraction

Careless driving and inattentive driving are separate offenses under section 4176. Careless driving is driving in a careless or imprudent manner. Inattentive driving is failing to give full time and attention to driving. The first offense of either is a fine of $25 to $75. The Manual lists talking or texting on a cell phone and taking a selfie as distractions. It says that at 55 mph, 3 to 4 seconds with your eyes off the road moves your vehicle the length of a football field.

Key Takeaways

Holding a phone to call, text, browse or play while the vehicle moves is banned for every driver.
First offense: $100. Later offense within 2 years: $200 to $300. No points.
A hands-free call is allowed for a driver with a license, but not for a Level 1 Learner's Permit holder.
A permit holder who breaks the rule is deemed a negligent driver and can lose the permit for 1 month, then 3 months.
Next step: practice on the free Delaware Class D practice test, in English.

Frequently Asked Questions

Can I text at a red light in Delaware?

The hand-held ban applies while the vehicle is in motion on a highway. For a Level 1 Learner's Permit holder the rule is stricter: the phone may be used only after a stop at a location off the lanes of travel, so a stop at a red light does not count. For any driver, the safe choice is to park before you read or send a text.

Do I get points on my license for using a phone while driving in Delaware?

No. Section 4176C says that no motor vehicle points are assessed for a hand-held violation. It is a civil penalty only: $100 the first time, and $200 to $300 for another offense within 2 years of the first. Careless or inattentive driving under section 4176 is a separate offense with its own fine of $25 to $75 the first time.

Can I make a hands-free call on a Delaware learner's permit?

No. A Level 1 Learner's Permit holder may not use a cell phone, a text messager or a similar device while driving, and the rule has no hands-free exception. The one exception is a stop at a location off the lanes of travel. The driver education learner's permit has the same ban.

Can I dial a number while driving in Delaware?

Yes, if you hold a license. The law says that dialing or punching in a phone number is not a call, and that switching hands-free equipment on or off is exempt. The Manual adds that you must then put the device down. A Level 1 Learner's Permit holder may not use the device while driving.

Can a permit suspension for phone use raise my car insurance in Delaware?

No, not for a suspension under section 2710(j). A permit holder caught on a phone is deemed a negligent driver, and the Department may suspend the permit for 1 month the first time and 3 months after that. An insurer licensed in Delaware may not use that suspension to cancel a policy or to raise the premium.

Can I use my phone on the Delaware road test?

No. The Delaware Driver Manual says that no cell phone use or playing of music is permitted during the road test. Put the phone away and turn off its sound before the exam starts, so that a call or a message does not distract you.