Unlawful Use of Wireless Device in Georgia: Fines and Enforcement

Unlawful use of a wireless device in Georgia means holding or supporting a phone, tablet, or similar device with any part of your body while driving on a public road. The Hands-Free Georgia Act, codified at O.C.G.A. 40-6-241 and effective since July 1, 2018, makes that a primary offense: a first conviction costs $50 and one point on your license, and the penalties climb from there.¹

What Counts as Unlawful Use

The core rule is physical: you cannot hold or support a wireless device with any part of your body while operating a vehicle on a Georgia highway. That covers phones, tablets, laptops, portable GPS units, and similar devices used to communicate or access data.¹

On top of the holding prohibition, the statute bans four specific activities behind the wheel:

Reading, writing, or sending text messages, emails, instant messages, or any internet-based content.
Watching video, including streaming, movies, and video calls. Navigation video is the exception.
Recording or broadcasting video from the device. Dashcams built for continuous recording are exempt.
For commercial vehicle drivers, pressing more than a single button to start or end a voice call.

The law applies whenever you are operating a vehicle on a public road, and that includes sitting in stopped traffic or waiting at a red light. Foot on the brake still counts as operating.¹

What You Can Still Do

The statute doesn’t require you to turn your phone off. It regulates how you interact with it. Several uses stay legal:

Talking on hands-free calls through an earpiece, headphones, a Bluetooth speaker, or a smartwatch, as long as the phone isn’t in your hand or resting against your body.¹
Dictating a message using voice-to-text. You just can’t type or read the message manually.
Using GPS navigation, provided the device is mounted rather than held.
Running a dashcam or similar continuous-recording device.

When Holding the Phone Is Allowed

The statute carves out four situations where even holding the device is legal:

Reporting an emergency: a traffic crash, medical emergency, fire, criminal activity, or a road hazard that poses an immediate safety threat.²
Utility employees or contractors responding to a utility emergency within the scope of their work.¹
First responders (law enforcement, firefighters, EMS, ambulance drivers) performing official duties.²
Sitting in a lawfully parked vehicle.¹

The parked-vehicle exception is the one drivers misread most often. Pulling into a lot or onto the shoulder qualifies. Waiting at a light or stuck in stopped traffic does not.

Fines and Points

The base fines escalate with each conviction, and the state adds points to your driving record at the same rate:

First offense: $50 and one point.
Second offense: $100 and two points.
Third or subsequent offense: $150 and three points.³

Court costs get tacked on, so the total out of pocket runs higher than the base fine. Point assessments are also set in Georgia’s administrative rules at those same levels.⁴

The One-Time Dismissal

Georgia built a narrow escape valve into the statute. A first-time offender charged with the holding violation can get the charge dismissed by appearing in court, showing a hands-free device or proof of purchase, and affirming under oath that this one-time privilege hasn’t already been used.¹ It only covers the holding prohibition, not texting, video, or recording. And it’s available once per lifetime.

License Points Add Up

A single hands-free conviction won’t cost you your license. But the points stack with anything else on your record. If you accumulate 15 points within 24 months, the Georgia Department of Driver Services will suspend your license.⁵ Paired with speeding tickets or other moving violations, distracted-driving points close that gap faster than most drivers expect.

Insurance

Insurers pull driving records when they set premiums. Even a one-point first offense can trigger a rate increase that stays on the policy for years, and the added premium often outweighs the fine.

Commercial Drivers

If you drive a commercial motor vehicle, you’re subject to two layers of rules. Under state law you follow the same prohibitions as everyone else, plus the single-button limit on starting and ending calls.¹ Federal regulations at 49 CFR 392.82 separately prohibit all handheld mobile phone use in a commercial vehicle, including while temporarily stopped in traffic.⁶

Federal penalties dwarf the state fines. Drivers face civil penalties up to $2,750, and employers who allow or require handheld use can be fined up to $11,000.⁷ Under 49 CFR 383.51, handheld phone use in a commercial vehicle is a “serious traffic violation.” A second such violation within three years triggers a 60-day CDL disqualification; a third brings 120 days.⁸

How the Law Is Enforced

Georgia’s hands-free law is a primary offense. An officer who sees you holding a phone can pull you over on that basis alone, with no other violation required.² Officers commonly watch for drivers glancing down at their laps or holding a device near the steering wheel, and some agencies use unmarked vehicles or elevated positions to spot violations. A citation from any Georgia officer carries the same penalties statewide.

1
Justia Law. Georgia Code 40-6-241 – Distracted Driving; Restrictions on Use of Wireless Devices
2
Georgia Department of Public Safety. Are You Ready for Hands-Free in Georgia
3
Georgia Governor’s Office of Highway Safety. Hands-Free Law
4
Georgia Secretary of State. Georgia Rules and Regulations – Subject 375-3-3 – Revocation and Suspension
5
Georgia Department of Driver Services. Points and Points Reduction
6
eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
7
Federal Motor Carrier Safety Administration. Mobile Phone Restrictions Fact Sheet
8
eCFR. 49 CFR 383.51 – Disqualification of Drivers