In Colorado, roughly 36 crashes per day involve a distracted driver. In fact, last year 77% of Colorado drivers admitted to using their phone while driving. It’s not hard to believe — it seems everywhere you look while on the road, a driver has their eyes and hands on their phone. But thanks to new legislation, that’s changing. 

In a significant move to enhance road safety and reduce distracted driving crashes, Colorado has implemented a new law that prohibits drivers in Colorado from holding or manually using a phone or other mobile device for voice calls or any other reason, requiring all drivers to use a hands-free device.

If you get caught violating this law, you can have the charge dismissed if you show proof that you’ve purchased a hands-free accessory. Exceptions to the law apply to individuals reporting emergencies, utility workers, code enforcement officers, animal protection officers, first responders and individuals in parked vehicles. 

CDOT urges all drivers to acquire hands-free accessories such as dashboard mounts and car speakerphone systems to comply with the new law. Learn how to use your car’s Bluetooth system, invest in a dashboard cellphone mount or car speakerphone system, and review the penalties for violating the law at codot.gov/handsfreeco.

FAQs

Does putting my phone on speaker count? 

A driver may not hold or handle their cellphone at any time while driving. Only hands-free calls are permitted. Handling the phone to initiate a call must be done before entering the roadway. No touching or handling of cellphones while driving is permitted, including while stopped at traffic signals.

 

Can I use headphones while driving? What about putting my phone in a cupholder for navigation or pinning it between my shoulder and ear?

Headphones – In Colorado, it is illegal to drive with headphones or earbuds in both ears, as it can impair your ability to hear important sounds, such as sirens or horns.

Cupholders – Putting your phone in the cupholder while using it for navigating is not recommended. A cup holder does not securely cradle the phone, meaning it could easily fall or fly out with sudden braking or sharp turns. This creates an added distraction of picking up a phone that has fallen to the floor of the vehicle.

Holding phone to ear – This is a violation. Your phone cannot be in your hands, held to your ear, or pinned between your ear and shoulder while driving.

Can I use my phone when I’m at a stoplight or in a traffic jam?

No. The law still applies, even if you are stopped in traffic or at a stoplight.

Does the law apply to using GPS apps or navigation on my phone?

Yes, the law applies to all phone use while driving, including using GPS apps. You must use a hands-free accessory or have the phone mounted in a secure manner to avoid a citation.

Are there any exceptions to the law?

The law includes exemptions for individuals reporting emergencies, utility workers, code enforcement officers, animal protection officers, first responders, and individuals in parked vehicles.

What is the penalty for violating the law?

Penalties for violating the law start with a $75 fine and two license suspension points for the first offense. Repeat offenders face higher fines and more license points. First-time violators can have the charge dismissed if they provide proof of purchasing a hands-free accessory.

How is this law enforced?

Law enforcement can pull over drivers if an officer witnesses an individual driving carelessly or imprudently while holding a device. Some examples are a driver holding a cellphone while driving through a construction zone or looking at a phone while traveling 75 mph on a highway.

Will there be a grace period in which only warnings are given?

No, but fines for the first offense will be waived if proof of purchasing a hands-free accessory is provided.

Doesn’t Colorado already have a law like this?

Yes. The new law expands upon Colorado’s existing distracted driving law, which already prohibits texting or any manual data entry and transmission on a cell phone while driving. Beginning in 2025, drivers will also be prohibited from holding or manually using a cell phone for voice calls, watching videos or any other purpose unless they are using a hands-free accessory. In short, avoid holding your phone for any reason while driving.