Talking on a Cell Phone & Texting While Driving in Colorado

Colorado’s distracted driving law prohibits all drivers from using a "mobile electronic device" while operating a vehicle, with few exceptions. This article discusses the law's restrictions and the costs of a texting or cell phone ticket.

What Does Colorado Law Say About Texting and Cell Phones While Driving?

In the past, Colorado had different restrictions depending on the driver's age. Now, everyone is subject to the same rule: You can't drive while using a mobile electronic device. However, some explanation is required. (Colo. Rev. Stat. Ann. § 42-4-239 (2025).)

What Is Considered a Mobile Electronic Device?

"Mobile electronic device" means a handheld or portable electronic device capable of providing voice communication between two or more persons, amusement, or the wireless transfer of data. So, cell phones, tablets, phones, and lots of other devices.

What Is Considered Mobile Electronic Device Use?

Colorado defines device use broadly. The definition includes phone calls, reading or writing texts, reading and writing emails, and watching videos or movies.

The main exception to the device-use prohibition is for hands-free technologies. However, the law also has exceptions for systems installed in the vehicle (like GPS), emergencies, and certain professionals performing official duties.

When Can Police Stop You for an Electronic Device Use Violation?

You can't be cited for violating the distracted driving law unless a law enforcement officer sees you use a mobile electronic device in a manner that causes you to drive in a "careless and imprudent manner."

In other words, distracted driving isn't enough. The officer must also witness some sort of unsafe driving. This rule is a big deal because it gives drivers a defense if the violation wasn't accompanied by an observable flaw in their driving.

What Are the Penalties for Violations of Colorado's Distracted Driving (Mobile Electronic Device Use) Law?

The penalties for a distracted driving ticket depend on the circumstances, including the driver's history and whether the violation involved injuries or deaths.

First Violations for Mobile Electronic Device Use. For a first distracted driving ticket (within 24 months), the driver is looking at fines and fees of $85 and two points.

Second Violations for Mobile Electronic Device Use. For a second distracted driving ticket (within 24 months), the driver is looking at fines and fees of $160 and three points.

Third Violations for Mobile Electronic Device Use. For a third or subsequent distracted driving ticket (within 24 months), the driver is looking at fines and fees of $260 and four points.

Violations Involving Death or Injuries. Distracted driving violations that cause injuries to or the death of another person are class 1 misdemeanors. A conviction carries $300 to $1,000 in fines and 10 days to one year in jail. The number of points depends on the circumstances.

(Colo. Rev. Stat. Ann. §§ 42-2-127, 42-4-239, 42-4-1701 (2025).)

How to Avoid a Distracted Driving Ticket in Colorado?

Colorado gives drivers one get-out-jail-free card for distracted driving. Drivers can avoid a distracted driving conviction by purchasing a hands-free device and providing proof of the purchase to the court clerk. The person must also state under penalty of perjury that they haven't previously received a dismissal of a distracted driving ticket under this rule.