Idaho Hands-Free Law: Can You Hold Your Phone? Fines and Points
Is it illegal to hold your phone while driving in Idaho?
Yes. Idaho law bans using a phone, tablet or other mobile electronic device while you drive, also when you stop at a red light or in traffic. Hands-free and voice use is allowed. The fine is $75 for a first offense, $150 for a second within three years and $300 for each later one. A first offense adds no points; later offenses add 3 points.
Where the Idaho hands-free law facts come from
The ban, device list, exceptions, fines, court suspension and insurance rule come from the Idaho law on distracted driving, Idaho Code 49-1401A. The point counts and point suspensions come from the Idaho Transportation Department (ITD) rule IDAPA 39.02.71. The permit rule for drivers under 17 comes from Idaho Code 49-307. Idaho Code 49-326 (suspensions), Idaho Code 49-1401 (inattentive driving) and an ITD Teen Driver Safety Week release (October 2026) give the other facts. The cell phone part of the Idaho Driver's Handbook (July 2026) describes only a texting ban; this guide follows the law. This guide is current as of 2026. Confirm the rules with the Idaho Transportation Department DMV (itd.idaho.gov/dmv) or your county driver's license office before you drive.
Idaho phone ticket fines and points
| Offense in 3 years | Fine | Points |
|---|---|---|
| First offense | $75 | None |
| Second offense | $150 | 3 |
| Third and each later offense | $300 | 3 |
Does the Idaho hands-free law apply at a red light?
Yes. The law counts you as driving when you are stopped for traffic, a traffic light or another short delay. You may use your phone by hand only when your vehicle is lawfully parked, or pulled off the road where that is legal, and it stays still. Our free question on holding a phone at a red light covers this rule.
What counts as a mobile electronic device in Idaho?
The law names cell phones, text messaging devices, pagers, personal digital assistants, laptop computers, tablets and similar devices. It also covers wearable devices with a touchscreen, electronic games and equipment that can play, record or send video. You also may not watch motion on a device screen, such as a video. The one exception is motion that relates to the vehicle or its navigation.
What can you do with your phone while driving in Idaho?
- Use it hands-free or by voice, without your hands. One touch to turn a function on or off is allowed.
- Choose a number or name for a call by one touch or by voice command.
- Use GPS or navigation hands-free. To type a new destination by hand, park lawfully first. Our free question on setting navigation before you drive covers this.
- Use it in an emergency, for example to call or text 911.
- Use it on official duty, if you are a police officer, firefighter, EMT or similar first responder.
- Use it on a farm or ranch to help move farm equipment between farm operations.
What happens when you get a phone ticket in Idaho?
How do Idaho points work after a phone ticket?
Each phone conviction after the first adds 3 points, so three convictions in three years add 6 points. Under Idaho law and the ITD point rule, 12 or more points in 12 months bring a 30-day suspension. The ITD rule gives 90 days for 18 or more points in 24 months and 6 months for 24 or more points in 36 months. An approved defensive driving course removes 3 points, once every three years. Read more in our guide to Idaho driving points and teen penalties.
Can police pull you over only for using a phone in Idaho?
Yes. An officer may stop you and write a citation for a phone violation alone. This law gives police no power to take your phone. One statewide law applies: cities and counties cannot add their own phone rules. The law took effect on July 1, 2020, and officers could give only warnings until January 1, 2021.
Hands-free violation vs. inattentive driving in Idaho
| Point | Hands-free violation | Inattentive driving |
|---|---|---|
| Law | Idaho Code 49-1401A | Idaho Code 49-1401 |
| What it covers | Using a mobile electronic device while you drive | Driving that is inattentive, careless or imprudent |
| Type of offense | Infraction and moving violation | Misdemeanor, lesser than reckless driving |
| Penalty | Fine of $75, $150 or $300 | Up to 90 days in jail, a fine of up to $300, or both |
| Points | None for a first offense, then 3 | 3 |
What are the phone rules for teen drivers in Idaho?
The same hands-free law applies to every driver. For a driver under 17 with a Supervised Instruction Permit (SIP), a conviction for any traffic law violation cancels the permit. A phone violation is a moving violation. For a driver cited under 17, Idaho law gives a written warning from ITD for a first conviction, a 30-day suspension for a second and 60 days for a third or later. See our guide to Idaho graduated driver's license rules. ITD tells teen drivers to keep phones and other distractions out of reach.
Key takeaways
- Do not hold or use a phone, tablet or other device while you drive, also at red lights and in stopped traffic.
- Hands-free and voice use, one-touch calls and hands-free navigation are allowed. Park lawfully before you type or search by hand.
- Fines are $75, $150 and $300 within three years. Points start with the second offense (3 points).
- Police can stop you for a phone violation alone. A court may suspend your license for up to 90 days after three convictions in three years.
- Next step: practice on the free Idaho Class D practice test.
Idaho hands-free law: common questions
Does the Idaho hands-free law cover my car's built-in screen?
No. The law does not count an information or communication system installed in the vehicle as a mobile electronic device. CB radios, amateur radios and commercial two-way radios are also outside the definition. A phone that you connect to the car is still a mobile electronic device, so use it only in hands-free or voice mode, with one touch to turn a function on or off.
Can I wear a smartwatch while driving in Idaho?
Yes, but the law counts a touchscreen device that is designed to be worn as a mobile electronic device. You may use the watch in voice-operated or hands-free mode, with one touch to turn a function on or off. Do not type on it or watch video on it while you drive, also at a red light.
Does a phone ticket raise my insurance in Idaho?
Not for a first offense that did not involve a crash. Idaho law says an insurer may not use that conviction to refuse you coverage or to set your insurance rates. A second or later conviction is outside this rule, and it also adds 3 points to your driving record.
Can I call 911 or report a drunk driver while driving in Idaho?
Yes. The law allows emergency use of a phone, such as a 911 call or text, or a call to police, a fire department or a health care provider. You may also report a fire, a crash, a serious road hazard, a crime, or a driver who is reckless or appears to be impaired. For other calls, use hands-free mode or park lawfully first.
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