Picking up your phone at a red light, scrolling through a text while merging onto the freeway, or recording a video behind the wheel can all lead to a civil citation—and in serious cases, criminal charges—under Arizona law. MayesTelles Attorneys, home of the 602-LAWYERS, created this guide to help Arizona drivers understand exactly what distracted driving means, how much a ticket can cost, and when a violation could lead to something far more serious than a fine.
Arizona's hands-free distracted driving law, A.R.S. § 28-914, makes it illegal to hold or support a cell phone or other electronic device while operating a vehicle on any Arizona street or highway. The law has been in effect statewide since January 1, 2021, and recent legislative changes through HB 2109 raised penalties for repeat offenses and added a surcharge when distraction causes a crash involving a motorcycle.
Distracted driving can harm you, your passengers, and other people on the road. When you take your eyes off the road, split your attention between driving and another activity, or fail to keep your hands and mind focused on driving, you increase your chances of a crash in Arizona. That risk applies to more than just using a phone; things like adjusting navigation, watching videos, and reading messages can all reduce reaction time and impair judgment. In the video above, founding partner Blake Mayes explains five ways to avoid a road accident in Arizona.
What Arizona's Hands-Free Law Prohibits
A.R.S. § 28-914 targets two broad categories of behavior:
Physically holding or supporting a device. A driver may not hold or support a portable wireless communication device or stand-alone electronic device with any part of the body while the vehicle is being operated on a street or highway.- Writing, sending, or reading text-based communication. This includes text messages, instant messages, emails, internet data, and similar content—whether on a phone or another electronic device—unless the driver is using a hands-free, voice-based method.
Live-streaming or recording video while driving is also prohibited under the statute as clarified by HB 2109.
What Is Still Allowed
The law permits limited hands-free use:
- Voice-based communication through an earpiece, headphone, or wrist-worn device
- Activating or deactivating a feature with a single tap or swipe
- Hands-free GPS navigation
Extended manual interaction—typing, scrolling through social media, or watching videos—is still banned even if the phone is mounted on the dashboard.
Because A.R.S. § 28-914 includes state preemption language, local cities and counties cannot adopt their own conflicting rules about handheld devices. The same statewide standard applies whether you are driving in Phoenix, Tucson, Flagstaff, or any other Arizona community.
Distracted driving is also a primary offense in Arizona, meaning a law enforcement officer can pull you over and cite you solely for holding a phone or texting—no other traffic violation is needed.
Penalties and Consequences for Distracted Driving in Arizona
The penalties for violating A.R.S. § 28-914 depend on whether the violation is a first offense, a repeat offense, or one that leads to a crash.
Civil Penalties (Fines)
- First violation: A civil penalty of at least $75 but not more than $149.
- Second or subsequent violation: A flat $400 civil penalty, as amended by HB 2109.
- Before this update, the range was $150 to $250.
- Arizona motorcycle distracted driving surcharge: An additional $150 civil penalty if the violation causes an accident involving a motorcycle.
These are civil traffic sanctions, not criminal convictions. A basic distracted driving citation under A.R.S. § 28-914 does not automatically add points to your license or trigger a suspension.
When Distracted Driving Becomes Criminal
If a driver's distraction contributes to a crash that causes serious physical injury or death, the consequences can escalate well beyond a traffic fine. Under Arizona law, a driver in that situation may face:
- A Class 1 misdemeanor charge carrying up to six months in jail and a fine up to $2,500 Mandatory traffic survival school
- Reporting of the conviction to ADOT
- Possible license suspension
- Community restitution if ordered by the court
- Restitution up to $100,000 if ordered
Whether criminal charges are filed depends on the severity of the crash and the evidence in that specific case. The civil distracted driving offense in Arizona and the potential criminal charges operate under separate statutes, but both can apply to the same incident.
Distracted Driving and Accident Liability in Arizona
Beyond the traffic citation itself, a distracted driving violation can have a direct impact on civil accident claims. Under Arizona negligence principles, handheld device use at the time of a crash can be used as evidence that the driver was not exercising reasonable care.
If you were injured by a distracted driver, or if another driver alleges you were distracted at the time of a collision, the violation and surrounding facts may influence:
- Fault determinations in insurance claims
- Damages in a personal injury lawsuit
- Settlement negotiations and trial strategy
Distracted driving accident liability in Arizona hinges on case-specific facts and proof—every situation is different.
“After a distracted driving crash, the traffic ticket is only one part of the picture. For someone who was injured, the concerns are often medical treatment, missed work, and how the injuries will affect daily life. Our focus is on understanding how the collision happened and documenting the full impact on the person who was hurt. With modern cell phone technology, we are often able to tell when a cell phone was used and even what position it was in (i.e., up and being looked at) at the time of an accident.” -J. Blake Mayes, Partner at MayesTelles Attorneys
Defenses, Legal Options, and Next Steps
If you receive a distracted driving citation, you generally have options:
- Pay the fine. This resolves the civil violation but may be treated as an admission for insurance or liability purposes.
- Contest the citation. Distracted driving cases are typically processed in Arizona limitedjurisdiction courts (municipal or justice courts). You can challenge the officer's observations, the stop itself, or other factual issues.
- Seek legal guidance. If your citation is connected to a crash, especially one involving injuries—the stakes are higher, and discussing your situation with an attorney can help you understand both the traffic and civil liability dimensions.
When distraction is alleged in connection with serious injury or a fatality, the case may involve both a civil traffic proceeding and a separate criminal investigation. Arizona criminal defense lawyers can evaluate the facts, explain the potential exposure, and protect your rights in both proceedings.
Drivers facing Arizona DUI and vehicular crimes defense matters sometimes discover that distracted driving allegations are layered on top of other charges, making it even more important to understand each statute and penalty independently.
FAQ's: About Distracted Driving in Arizona
What does Arizona's distracted driving law A.R.S. § 28914 actually prohibit?
A.R.S. § 28-914 prohibits operating a motor vehicle on any Arizona street or highway while physically holding or supporting a portable wireless communication device or stand-alone electronic device, or while writing, sending, or reading text-based communication on such a device. The law allows limited hands-free use through an earpiece, headphones, or a wrist-worn device and permits a single tap or swipe to activate or deactivate a feature. Extended manual interactions such as typing, scrolling, or watching videos remain prohibited even when the phone is mounted.
How much are the fines for distracted driving in Arizona for a first and second offense?
A first violation carries a civil penalty between $75 and $149. After HB 2109, a second or subsequent violation carries a flat $400 civil penalty, up from the previous range of $150 to $250. If the distracted driving violation causes a crash involving a motorcycle, the driver owes an additional $150 on top of the base fine.
Is distracted driving in Arizona treated as a civil or criminal offense?
An ordinary violation of the hands-free law is a civil traffic offense that carries fines but does not create a criminal record or automatically affect your driver's license. However, if distraction contributes to a crash causing serious physical injury or death, separate statutes can support a class 1 misdemeanor charge with up to six months in jail, a fine up to $2,500, mandatory traffic survival school, and other court-ordered consequences. Whether criminal charges are brought depends on the facts and evidence in the individual case.
What extra penalty applies if distracted driving causes a crash with a motorcycle in Arizona?
HB 2109 added a $150 civil surcharge on top of the standard distracted driving fine whenever the violation causes an accident involving a motorcycle. This surcharge applies whether the offense is a first or subsequent violation and was designed to address the added danger distracted drivers pose to motorcyclists. More serious criminal and civil consequences may still apply if the crash causes significant injury or death.
How can MayesTelles Attorneys help if I received a distracted driving ticket or my accident involves driver distraction?
A distracted driving citation is a civil traffic matter, but it can carry steep fines and may be used as evidence of negligence if a crash occurred. The experienced attorneys at MayesTelles Attorneys can review the circumstances of the stop or collision, explain how the hands-free law applies, and walk you through any criminal, civil, or insurance issues in plain English. With more than 200 years of combined experience and former prosecutors on the team, MayesTelles is available 24/7, including weekends and holidays. Call (602) 714-7900 to request a free, confidential consultation, or contact MayesTelles Attorneys, home of the 602LAWYERS, for a free, confidential consultation online.