Using a mobile phone while driving in California (2026)
Last reviewed: 9 October 2026
In short: Driving while holding and operating a phone is illegal in California; a mounted phone may be operated only with a single swipe or tap, and hands-free voice use is allowed. The base fine is USD 20 for a first offence and USD 50 for later offences. Drivers under 18 may not use a phone at all, even hands-free, except in an emergency.
| Rule | What applies |
|---|---|
| Holding a phone while driving bannedUsing a mobile phone while driving a car | Yes [1] |
| Hands-free useUsing a mobile phone while driving a car | Allowed [1] |
| Penalty points on the licenceUsing a mobile phone while driving a car | ⚠ Not yet verified |
| Texting while drivingUsing a mobile phone while driving a car | Holding and operating a phone or wireless device while driving is banned, which covers reading or writing messages by hand. A device mounted on the windscreen, dashboard or centre console may be operated only with a single swipe or tap; voice-operated hands-free use is allowed. [2] |
| Learner and newly qualified driversUsing a mobile phone while driving a car | Drivers under 18 may not use a phone or wireless device while driving, even hands-free, except for emergency purposes. Base fine USD 20 for a first offence and USD 50 after that; police may not stop a vehicle solely to check this. [3] |
| Can police stop you for this alone?Using a mobile phone while driving a car | Primary: the Vehicle Code confirms that police may stop a vehicle for a violation of the handheld law (section 23123.5). The extra under-18 ban is secondary: no stop solely to check it. [3] |
| Fine, first offence (lowest amount where a range applies)Using a mobile phone while driving a car | $20.00 per offence [2] |
Notes
- The DMV handbook states that driving while using a handheld cell phone is unsafe and illegal and that minors may not use a phone or wireless device for calls or texts while driving, except to call for emergency assistance. The Vehicle Code text itself (sections 23123 and 23123.5) could not be retrieved.
- The handbook says adults should use a phone only in hands-free mode, and that a phone mounted on the windshield, dashboard or centre console must not block the view of the road and is operated with a single swipe or touch.
- The handbook page read does not state the number of points.
- Base fine of USD 20 for a first offence and USD 50 for each later offence (Vehicle Code § 23123.5(d)).
Sources
- California Department of Motor Vehicles: California Driver Handbook - Safe Driving (continued): Cell Phones and Texting (consulted 9 October 2026) · all sources
- California Legislative Information: California Vehicle Code § 23123.5 (Internet Archive snapshot of 4 September 2026) (consulted 10 October 2026) · all sources
- California Legislative Information: California Vehicle Code § 23124 (Internet Archive snapshot of 10 June 2025) (consulted 10 October 2026) · all sources
California and neighbouring states
| State | Holding a phone while driving banned | Hands-free use | Fine, first offence (lowest amount where a range applies) | Penalty points on the licence |
|---|---|---|---|---|
| California | Banned | Hands-free allowed | Base fine USD 20 (first) | ⚠ Not yet verified |
| Arizona | Banned | Hands-free allowed | USD 75 to 149 | ⚠ Not yet verified |
| Nevada | Banned | Hands-free allowed | USD 50 | ⚠ Not yet verified |
| Oregon | Banned | Hands-free, 18 or older | USD 265 (presumptive) | ⚠ Not yet verified |
More rules in California
- CannabisPossession for personal use: Legal, 21+, within limits · Growing at home: Up to 6 plants, 21+
- Car speed limitsBuilt-up areas: 25 mph · Outside built-up areas (single carriageway): 55 mph (2-lane undivided)
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (provisional licence) · Earliest age to drive a car supervised: 15½ (instruction permit)
- E-bikes and speed pedelecsLegal class: Class 1-3, bicycle rules · Minimum age: Class 3: 16
- FireworksConsumers may buy and use category F2 fireworks: Yes (state-approved "safe and sane" only) · Minimum age to buy: 16 (safe and sane fireworks)
- Knives and pepper sprayFolding pocket knives: Dagger only if blade exposed and locked · Locking or one-handed knives: Switchblade of 2 in or more banned; thumb-stud OK
- Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $16.90 per hour
- Seat belts and child seatsSeat belt compulsory in front seats: Yes, age 16+ · Seat belt compulsory in rear seats: Yes, age 16+
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.01% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.