Arizona Cell Phone Law While Driving: Fines, Points, Exemptions

Under the Arizona cell phone law while driving, codified at ARS § 28-914, you cannot hold or physically support a phone or other portable electronic device with any part of your body while your vehicle is moving or stopped in traffic. Hands-free use is allowed. A first ticket runs $75 to $149, and a second or later offense runs $150 to $250.¹

What Counts as a Violation

The law bans two things. First, holding the device: no phone in your hand, no phone wedged between shoulder and ear, no device balanced on your lap. Second, writing, sending, or reading any text-based communication while driving, which covers texts, emails, instant messages, and internet data.²

The Arizona Department of Public Safety reads the statute to cover scrolling social media, watching videos, and recording video from behind the wheel.³ A quick glance to tap a notification is enough if you’re interacting with the device. The statute reaches both phones and tablets (“portable wireless communication devices”) and stand-alone devices that store audio or video.¹

What You Can Still Do

Phone calls are legal if you’re using a hands-free method. That includes a Bluetooth earpiece, headphones with a built-in microphone, a wrist-worn device, or your car’s built-in system — any setup that lets you communicate without using either hand.¹ Pressing a single button to answer or end a call, like a steering-wheel control, is fine.

Voice-to-text is allowed because the writing is directed by voice rather than typing. GPS and navigation apps are allowed when the device is mounted on your dash or windshield instead of held.² Enter your destination before you pull out, or stop first.

When You Can Pick Up the Phone

The prohibition applies while you’re driving. If your vehicle is parked, or fully stopped at a steady red light, you can use the phone normally.¹ Put it down before the light turns green.

You can also hold the phone to call 911 or report a crime, even while driving. That emergency exception is written into the statute so drivers don’t hesitate when something is going wrong.²

Who Is Exempt

Section 28-914(C) carves out several categories of drivers:¹

Operators of authorized emergency, law enforcement, and probation vehicles acting in an official capacity.
FCC-licensed operators using radio frequency devices other than cell phones.
Workers using two-way radios or private land mobile radio systems during job duties, if driving a fleet vehicle or holding a CDL.
Drivers using a permanently or temporarily mounted device to communicate with a dispatcher or digital network, which covers rideshare and delivery app drivers while working.

The rideshare and delivery exemption is narrower than people assume. It covers device use tied to the occupational app. Scrolling personal texts between rides is still a violation.

Fines and Insurance Consequences

The civil penalties are set by statute:¹

First violation: $75 to $149.
Second or subsequent violation: $150 to $250.

The exact amount within each range is up to the court. The statute does not spell out a lookback window for what counts as a “second or subsequent” offense, so an older conviction could still push a new ticket into the higher range.

The ticket itself is only part of the cost. Distracted driving violations typically push car insurance premiums up for several years. One national analysis estimated that a texting-while-driving violation raises annual premiums by roughly 17% on average, which over a few years can dwarf the fine.

Points, School, and Your License

Arizona assigns points to moving violation convictions. Eight or more points in any 12-month period can trigger a requirement to attend Traffic Survival School or lead to a license suspension of up to 12 months.⁴ Arizona also runs a defensive driving school program that can dismiss a single eligible violation, but whether a cell phone citation qualifies depends on the specific court’s eligible-violation list.

When a Phone-Related Crash Becomes Criminal

A standard cell phone ticket is a civil penalty. If you cause a crash while using your phone and someone is seriously injured or killed, the exposure is different.

Causing a death through distracted driving can support a charge of negligent homicide under ARS § 13-1102, a class 4 felony in Arizona, which carries potential prison time. Crashes causing serious injuries short of death can also lead to criminal prosecution. These cases turn on whether the distraction amounted to criminal negligence, a standard prosecutors argue is met when the driver was knowingly violating the hands-free law at the time of the collision.

Commercial Drivers Face Stricter Federal Rules

If you hold a CDL, federal rules apply on top of the state law. Under 49 CFR § 392.82, any use of a handheld mobile phone while driving a commercial motor vehicle is prohibited, and unlike Arizona’s law, the federal rule does not let you use the phone while stopped in traffic or at a light. You have to pull off the road and stop in a safe place first.⁵

Drivers face fines up to $2,750 per violation, and employers who allow or require handheld use can be fined up to $11,000. Repeated violations can disqualify the CDL. The only carve-out is contacting emergency services.

Local Ordinances Don’t Add Extra Rules

Section 28-914 preempts local regulation of cell phone use while driving. Any Arizona city or county ordinance on the subject is void, whether it was passed before or after the state law took effect.² The same rules apply in Phoenix, Tucson, Flagstaff, and everywhere else in the state.

1
Arizona Legislature. Arizona Revised Statutes Title 28 Section 28-914
2
Arizona Legislature. Arizona Code 28-914 – Use of Portable Wireless Communication Device While Driving
3
Department of Public Safety. Hands Free
4
Arizona Department of Transportation. Points Assessment
5
eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone