Phones Behind the Wheel
C.R.S. 42-4-239 — no hand held phone use while driving, $75 the first time, and a dismissal once with a hands free device
No one may use a mobile electronic device while driving. Use means holding it to talk, watching a video other than navigation, or writing, sending or reading texts, email or internet data.
Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.
- It is allowed to contact a public safety entity, and during an emergency.
- A hands free accessory used with a single touch or swipe is not use.
- The section does not cover a commercial driver in a commercial vehicle.
| Within 24 months | Fine | Points |
|---|---|---|
| Within 24 monthsFirst offense | Fine$75 | Points2 |
| Within 24 monthsSecond offense | Fine$150 | Points3 |
| Within 24 monthsThird or later | Fine$250 | Points4 |
One dismissal. A person charged is not convicted who produces a hands free accessory or proof of buying one and affirms under penalty of perjury that no earlier charge was dismissed this way.
Sources for this section (2)
- C.R.S. 42-4-239 — Use of a mobile electronic device - definitions - penalty
- C.R.S. 42-2-127 — Authority to suspend license - to deny license - type of conviction - points
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.