Under the Indiana hands-free law, you cannot hold a phone or other telecommunications device while operating a moving motor vehicle. The rule, codified at Indiana Code 9-21-8-59, took effect July 1, 2020, and a violation is a Class C infraction that can cost up to $500 and put four points on your driving record.1Indiana Department of Transportation. Indiana Hands-Free Driving Law Fact Sheet If your hand is on the phone while the car is moving, you are breaking the law.
What the Law Prohibits
The statute bars holding or using a telecommunications device while operating a moving motor vehicle.2Indiana General Assembly. Indiana Code Title 9 Motor Vehicles – 9-21-8-59 That covers texting and scrolling, but it also covers things drivers often assume are fine: manually typing a GPS address, dialing a number, or checking a notification.
The statute says “moving motor vehicle.” On a public road in motion, the rule plainly applies. Stopped at a red light in traffic is less clear from the text, but officers do write tickets for phone use at stoplights. Treat any time you’re in traffic behind the wheel as covered. If you need to use the phone in hand, pull over and park.
Because this is a primary enforcement law, an officer can pull you over based solely on seeing you hold a phone. No other violation is required first.
What You Can Still Do
Phones are not banned from the car. You can use a device with hands-free or voice-operated technology.2Indiana General Assembly. Indiana Code Title 9 Motor Vehicles – 9-21-8-59 Bluetooth earpieces, speakerphone, voice assistants, and dashboard mounts are all fine as long as the phone stays out of your hand. GPS and map apps are allowed through hands-free technology, not by holding the phone and swiping.1Indiana Department of Transportation. Indiana Hands-Free Driving Law Fact Sheet
Factory-installed navigation screens and infotainment controls aren’t separate handheld devices, so they don’t fall under this law. Set your route and queue your music before you pull out, or use voice commands once you’re moving.
Exceptions
The statute allows two specific situations where you can hold the phone:
- Calling 911 to report a genuine emergency such as a crash or crime in progress.2Indiana General Assembly. Indiana Code Title 9 Motor Vehicles – 9-21-8-59
- Commercial drivers acting under separate federal FMCSA regulations, which permit starting or ending a call by pressing a single button on a phone within reach.3Federal Motor Carrier Safety Administration. Mobile Phone Restrictions Fact Sheet
One clarification worth making: the statute does not contain a broad exemption for police, firefighters, or paramedics. Emergency personnel may have protections under other provisions when performing official duties, but the hands-free statute itself lists only the 911 exception and hands-free technology.
Penalties
A hands-free violation is a Class C infraction, which is civil rather than criminal.1Indiana Department of Transportation. Indiana Hands-Free Driving Law Fact Sheet Fines can reach $500, though the actual amount varies by court and circumstances.4Indiana Criminal Justice Institute. Indiana Hands-Free Law What Drivers Need to Know Court costs and administrative fees are added on top, so the total you pay usually runs higher than the base fine.
Starting July 1, 2021, the Indiana BMV began adding points to driving records for these violations.2Indiana General Assembly. Indiana Code Title 9 Motor Vehicles – 9-21-8-59 Each hands-free violation adds four points.5Indiana Department of Transportation. Hands-Free Indiana Points stay active for two years from the conviction date, and accumulating enough points across all traffic violations can trigger a license suspension.6Indiana Bureau of Motor Vehicles. Driver Record Points At four points a pop, it doesn’t take many stops to reach uncomfortable territory.
Then there’s insurance. A moving violation on your record signals risk to insurers, and premium increases can persist for several years after the ticket.
What Officers Can and Cannot Do With Your Phone
The statute includes a protection worth knowing. Without your consent, an officer cannot confiscate your phone to check whether you were using it, cannot hold it as evidence while the case is pending, and cannot extract or download data from it.2Indiana General Assembly. Indiana Code Title 9 Motor Vehicles – 9-21-8-59 Access to the phone’s data requires probable cause that the device was used in committing a crime, a valid search warrant, or authorization under another law.
Practically, this limits the evidence in a hands-free case to what the officer personally observed: your hand on a device, the position of your arm, your eyes down instead of on the road.
Fighting a Citation
You have two options after a ticket: pay it or contest it. Paying is an admission. The violation goes on your record, points are assessed, and your insurer sees it at renewal.
To fight the ticket, appear in the court listed on your citation on or before the scheduled date. Because this is a civil infraction, the state’s burden is a preponderance of the evidence, not proof beyond a reasonable doubt. If the officer’s testimony is the only evidence and you can offer a credible counter, such as dashcam footage showing both hands on the wheel, proof the device was mounted, or a witness, a judge may rule in your favor.
Some Indiana counties offer infraction deferral programs that let first-time or low-frequency offenders avoid points. Details vary by county, but the pattern is the same: stay violation-free for a set period and the infraction is dismissed or reduced. If deferral is available where you were cited, you generally need to request it before paying the fine, because payment closes the case.
When to Talk to a Lawyer
Most standalone hands-free tickets don’t need an attorney. The fine is manageable and the process is straightforward. Legal help changes the math in two situations. First, when the citation comes alongside more serious charges like reckless driving or an injury crash, a lawyer can negotiate across the whole set in ways you can’t easily do alone. Second, when you’re already carrying points and this ticket pushes you toward suspension, an attorney who handles Indiana traffic cases can look for weaknesses in the officer’s account or pursue a deferral. The long-term cost of accumulated points and higher premiums often exceeds the cost of a consultation.