Your Phone Behind the Wheel
Ala. Code § 32-5A-350.1 — no holding a phone while driving distracted, and fines of $50, $100 and $150
A driver uses due care and does nothing the law forbids that distracts from safe driving. Driving in a distracted manner is being seen crossing in and out of a lane without a signal, swerving, or otherwise driving impaired while doing one of the listed things.
Who handles this in Alabama: Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.
- Physically holding a phone, or holding or supporting another electronic device with any part of the body.
- Writing, sending or reading a text, email or other text based message, though voice to text and navigation are allowed.
- Watching a video other than navigation, or recording or broadcasting one, a dash camera aside.
- Using more than one button or swipe to start or end a call, or reaching for a device in a way that leaves the seated, belted driving position.
| Conviction within 24 months | Fine up to |
|---|---|
| Conviction within 24 monthsFirst | Fine up to$50 |
| Conviction within 24 monthsSecond | Fine up to$100 |
| Conviction within 24 monthsThird or more | Fine up to$150 |
- It is a Class C misdemeanor, and no one is taken into custodial arrest for it alone.
- On a first charge of holding a phone, a driver who shows the court a hands free device or proof of buying one is not guilty, once.
- Calling for emergency help, using the phone while parked on the shoulder, hands free calling, and navigation without typing in coordinates are not violations.
A conviction goes on the driving record as one point the first time, two the second, and three for the third or later.
Sources for this section (2)
- Ala. Code § 32-5A-350.1 — Operating a Motor Vehicle in a Distracted Manner; Violations; Exceptions
- Ala. Code § 32-5A-351 — Convictions Entered on Driving Record
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.