New Mexico Cell Phone Law: Bans, Local Rules, and Fines

The New Mexico cell phone law bans texting for all drivers statewide but does not prohibit handheld phone calls for most adults. A first texting offense costs $25, and a second or later offense costs $50.¹ Drivers under 18, commercial drivers, and anyone driving inside certain city limits face broader restrictions that reach handheld calls too.

What Counts as Illegal Texting

Section 66-7-374 makes it illegal to read, view, or manually type a text message on a handheld device while operating a vehicle on a public road. “Text message” is defined broadly. Email, instant messages, image-based communications, and even commands entered into a website all fall under the ban.¹ If it involves reading from or typing into a screen, it counts.

The ban applies any time you are in “actual physical control” of the vehicle on a street or highway. Sitting at a red light counts. Waiting at a stop sign counts. Idling in traffic counts. You are only free to use your phone once you have pulled off the active roadway and stopped somewhere your vehicle can safely remain.¹

Handheld Phone Calls Are Legal Statewide

For adult drivers who are not operating a commercial vehicle, holding your phone to make or take a call is legal under state law. New Mexico has not enacted a full handheld ban at the state level. The statewide statute targets texting behavior only.

Several categories of devices also sit outside the ban entirely: GPS and navigation systems, devices physically integrated into the vehicle, and voice-operated or hands-free systems that let you send or read messages without touching a screen.¹ A built-in infotainment system or a voice-activated assistant that dictates your messages is fine, as long as you are not physically typing or scrolling on a handheld screen.

Cities That Ban All Handheld Use

Several New Mexico municipalities have gone further than the state and prohibit all handheld phone use behind the wheel. Cities with a local handheld ban include Albuquerque, Santa Fe, Las Cruces, Gallup, Taos, Espanola, and Silver City. Inside those city limits, holding a phone to make a call or browse can result in a citation even though the same behavior would be legal on a rural state highway.

Local fines can be much steeper than the state penalty. Silver City set its fine at $500 for driving with a phone in hand. If your driving takes you through more than one New Mexico city, the cleanest approach is a phone mount or a hands-free system so you comply everywhere.

Drivers Under 18

New Mexico’s graduated licensing system imposes tighter rules on young drivers. If you hold an instruction permit or a provisional license, you cannot text and you cannot talk on a cell phone while driving. That is broader than the adult rule. A violation can also complicate advancement through the graduated licensing stages.

Commercial Drivers

Section 66-7-375 bans commercial motor vehicle drivers from using a handheld device for any purpose while driving, not just texting.² No handheld calls, no scrolling, no holding a phone for navigation. As with the texting statute, sitting in traffic counts as driving, and you must pull off the active roadway and stop before touching the device.

The state fines match the texting penalties: $25 for a first violation and $50 for each later one.³ The heavier consequences come from federal law. The Federal Motor Carrier Safety Administration can impose fines of up to $2,750 on a driver and up to $11,000 on an employer that allows or requires handheld device use behind the wheel.⁴

Repeated violations also threaten the CDL itself. Under federal rules, a second handheld phone conviction within three years disqualifies the driver for 60 days. A third or later conviction within three years extends that to 120 days.⁵

Emergency and Other Exceptions

The texting ban does not apply when you are using a handheld device to call for emergency help, whether that means law enforcement, a fire department, or a hospital. The exception exists in both the general texting statute and the commercial driver statute.¹

Licensed amateur radio operators using an amateur radio device are also exempt from the texting statute, and law enforcement and rescue personnel using computer-aided dispatch systems are excluded as well.¹

Fines, Points, and What Officers Can Do With Your Phone

Base fines are modest: $25 for a first offense and $50 for a later one, for both the texting statute and the commercial handheld statute.³ Court costs and administrative fees are added on top and can push the total well above the base amount.

New Mexico assigns points to traffic violations through the Motor Vehicle Division, and accumulating too many points within a set period can lead to license suspension.⁶ Whether a specific texting citation carries points depends on how it is classified under the MVD schedule. Any citation can also appear on your driving record, and insurers routinely check those records at renewal.

One provision worth knowing: Section 66-7-374 explicitly states that the law does not authorize an officer to seize or forfeit your phone during a texting stop, and unless separate legal authority applies, the device is not subject to search during that stop.¹ An officer can write a ticket for what they observed, but the statute itself does not let them scroll through your messages to confirm the violation.

1
Justia. New Mexico Statutes Section 66-7-374 – Texting While Driving
2
Justia. New Mexico Code 66-7-375 – Use of a Handheld Mobile Communication Device While Driving a Commercial Motor Vehicle
3
New Mexico Legislature. SB0102
4
Federal Motor Carrier Safety Administration. Mobile Phone Restrictions Fact Sheet
5
eCFR. 49 CFR 383.51 – Disqualification of Drivers
6
New Mexico Taxation and Revenue Department, Motor Vehicle Division. Point System Regulations and Schedule