Using a mobile phone while driving in New Mexico (2026)

Last reviewed: 9 October 2026

In short: Texting while driving is banned, and hands-free voice-operated devices are allowed. A first violation costs USD 25. Learner's permit and intermediate licence holders may not text or talk on a mobile phone while driving.

RuleWhat applies
Holding a phone while driving bannedUsing a mobile phone while driving a car⚠ Not yet verified
Hands-free useUsing a mobile phone while driving a carAllowed [1]
Fine, first offence (lowest amount where a range applies)Using a mobile phone while driving a car$25.00 per offence [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 carTexting while driving is banned. Texting covers any digital communication, including email, instant messaging, image communication, website use and social media. [1]
Learner and newly qualified driversUsing a mobile phone while driving a carLearner's permit and intermediate licence holders may not text or talk on a mobile phone while driving. [1]

Notes

  • The NMDOT page says texting and driving is prohibited and that 'all mobile communications devices are prohibited from being used when driving', with 'texting' including any digital communication, email, instant messaging, website use and social media. It also says permit and intermediate licence holders may not talk on a cell phone, which suggests voice calls are not banned for other drivers, but the statute (NMSA 66-7-374) could not be read, so whether a handheld voice call is banned is not confirmed.
  • Navigation systems integrated into the vehicle and hands-free devices that can be voice-operated are exempt. The same page says learner's permit and intermediate licence holders may not text or talk on a cell phone while driving.
  • The page lists USD 25 for a first violation and USD 50 for a second. The same amounts apply to using a handheld mobile communication device while driving a commercial motor vehicle. Some cities set their own fines.
  • The NMDOT page does not mention licence points, and the statute could not be read.

Sources

  1. New Mexico Department of Transportation (JUSTDRIVE campaign): NMDOT | Texting & Driving Laws | Distracted Driving Laws | Distracted Driving - JUSTDRIVE, Laws & Penalties (Internet Archive snapshot of 14 October 2025) (consulted 9 October 2026) · all sources

New Mexico and neighbouring states

StateHolding a phone while driving bannedHands-free useFine, first offence (lowest amount where a range applies)Penalty points on the licence
New Mexico
⚠ Not yet verified
Allowed
USD 25 (first violation)
⚠ Not yet verified
Arizona
Banned
Hands-free allowed
USD 75 to 149
⚠ Not yet verified
Colorado
Banned
Hands-free allowed
USD 75
2 points
Oklahoma
Using a mobile phone while driving a car: No (texting only)
Using a mobile phone while driving a car, School and construction zones: Banned in zones
Allowed
⚠ Not yet verified
None
Texas
Using a mobile phone while driving a car: No (texting only)
Using a mobile phone while driving a car, School crossing zones: Banned in zones
Allowed
USD 25 to 99
⚠ Not yet verified

More rules in New Mexico

  • CannabisPossession for personal use: Legal for adults 21+, within limits · Growing at home: Yes: 12 plants, 6 mature
  • Car speed limitsBuilt-up areas: 30 mph · Outside built-up areas (single carriageway): 75 mph (55 mph unposted county roads)
  • Minimum age for a car driving licenceMinimum age for a car licence: 15½ (provisional licence) · Earliest age to drive a car supervised: 15 (instruction permit)
  • E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class 3: 16
  • FireworksConsumers may buy and use category F2 fireworks: Yes (permissible fireworks incl. aerial) · Minimum age to buy: 16
  • Knives and pepper sprayFolding pocket knives: Concealed deadly weapon barred; knives not named · Locking or one-handed knives: Auto-opening knives barred
  • Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $12.00 per hour
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
  • 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%

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.