New ‘Hands-Free’ Law Criminalizes Cell Phone Use While Driving
I have bad news for Colorado drivers who have a habit of holding their phones while operating a motor vehicle. As of January 1, 2025, that behavior is illegal.
Specifically, C.R.S. 42-4-239 makes it illegal to hold or touch a mobile electronic device while driving. Not even while stuck in traffic.
A previous version of the law prohibited drivers under 18 from using cell phones.
“This is about changing the mindset and the culture as it relates to distracted driving when it deals with an electronic device,” Colorado Senator Rhonda Fields of District 28 – a prime sponsor of the bill – told the state legislature in March last year.
Hands-Free Devices and Systems Permitted
Many of you are probably wondering whether you can still answer an incoming call, use GPS to navigate, or listen to music or podcasts while behind the wheel.
The answer is yes, so long as your phone is connected to a hands-free device such as a dashboard mount or your vehicle’s Bluetooth speaker system.
In fact, first-time violators of the 2025 hands-free driving law can have their tickets dismissed if they purchase a hands-free device holder and provide proof. However, as this is only for first time offenders, this only works once. C.R.S. 42-4-239(4)(b)(I)-(II)
Exceptions to the Hands-Free Law
The law makes allowances for certain circumstances. For instance, if your vehicle is parked on the shoulder, law enforcement can’t fault you for using your phone.
You also cannot be cited for using a mobile electronic device to contact a public safety entity or during an emergency. C.R.S. 42-4-239(3)(a)(b)
In this case, Colorado law defines an “emergency” as a circumstance in which an individual:
Has a reason to fear for their life or safety or believes that a criminal act may be perpetrated against themselves or another individual, requiring the use of a mobile electronic device when the individual is driving the motor vehicle (For example, if someone is shooting a gun at them on the highway); or
Reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or an individual is driving in a reckless, careless, or unsafe manner. C.R.S. 42-4-239(1)(a)(I)(II)
The law also doesn’t apply to first responders, code enforcement officers, or individuals with a commercial driver’s license operating a commercial vehicle.
Penalties for Repeat Violations
Essentially, habitual phone holders can accept the state’s incentive to purchase a hands-free accessory for their mobile device or face penalties.
The penalties for violation are:
First offense - $75 fine, a surcharge of $10, and two license points toward suspension, dismissible with hands-free device proof of purchase.
Second offense within 24 months - $150 fine, a surcharge of $10, and three license points toward suspension.
Third or subsequent offense within 24 months - $250 fine, a surcharge of $10, and four license points toward suspension.
Bad Habits Can Cost You Your License
Texting at a red light was always frowned upon, but now it can cost you your license.
The Colorado Department of Motor Vehicles (DMV) uses a points system to determine whether a driver’s license should be suspended or not.
Adults 21 and older can lose their license if they receive:
12 or more license suspension points within any 12 months; or
18 or more license suspension points within any 24 months
For drivers ages 18 to 21, the threshold for license suspension is higher:
Nine or more license suspension points accumulated within any 12 months
12 or more license suspension points accumulated within any 24 months
Note: Accumulating 14 or more license suspension points as a minor driver between the ages of 18 and 21 can also result in a suspended license.
Losing your license can make commuting to work and completing other obligations, like taking your kids to school, extremely difficult. If you already have points on your license, the new hands-free law could make driving even more risky in 2025.
Know Your Rights in a Distracted Driving Case
Many people can recall a time when wearing a seatbelt wasn’t the norm, much less required by law. Today, we know seatbelts save lives. Having both hands on the wheel can also improve safety. But cultural changes take time. Colorado has over four million licensed drivers, and many will have to adjust to hands-free driving. Thus, mistakes are bound to happen.
If you get cited for distracted driving and can prove you weren’t driving distracted, a criminal defense lawyer can help you get the charges dropped.
Did You Drive Holding a Phone in 2025? We Don’t Judge
Despite what the law says, you are not a bad person if you get caught holding your phone while driving in Colorado. Let an experienced criminal defense attorney determine if your ticket can be disproven in court. Call 303-688-0944 to begin your case assessment.
