Using a mobile phone while driving in Virginia (2026)

Last reviewed: 9 October 2026

In short: Holding a handheld personal communications device while driving a moving vehicle is banned. The first-offence fine is USD 125 and the offence is a three-point violation. Exceptions include being lawfully parked or stopped and reporting an emergency.

RuleWhat applies
Holding a phone while driving bannedUsing a mobile phone while driving a carYes [1]
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$125.00 per offence [1]
Penalty points on the licenceUsing a mobile phone while driving a car3 points [2]

Notes

  • The offence is holding the device while driving a moving motor vehicle on the highways. Amended by 2026 c. 518; the text was read on 9 October 2026.
  • The section prohibits holding the device only; it does not itself prohibit hands-free use.
  • USD 250 for a second or subsequent offence and a mandatory USD 250 in a highway work zone. A court may order a driver improvement clinic instead of a conviction for a first offence.
  • The Virginia DMV lists the use of a handheld communications device among its three-point violations; the points stay on the record for three years.

Sources

  1. Virginia General Assembly (Legislative Information System): § 46.2-818.2. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty (consulted 9 October 2026) · all sources
  2. Virginia Department of Motor Vehicles: Three Point Violations (consulted 9 October 2026) · all sources

Virginia and neighbouring states

StateHolding a phone while driving bannedHands-free useFine, first offence (lowest amount where a range applies)Penalty points on the licence
Virginia
Banned
Allowed
USD 125
3 demerit points
District of Columbia
Banned
Hands-free allowed
USD 100
⚠ Not yet verified
Kentucky
No (texting banned)
Calls not restricted
USD 25
3 points
Maryland
Banned (no hand use)
Hands-free allowed
⚠ Not yet verified
None unless crash
North Carolina
No (texting/email banned)
Calls not restricted
USD 100 plus court costs
No points
Tennessee
Banned
Allowed
USD 50
⚠ Not yet verified
West Virginia
Banned
Allowed
⚠ Not yet verified
None (3 on third)

More rules in Virginia

  • CannabisPossession for personal use: Legal for adults 21+ within limits · Growing at home: Up to 4 plants per household
  • Car speed limitsBuilt-up areas: 25 mph; 35 mph elsewhere in towns · Outside built-up areas (single carriageway): 55 mph
  • Minimum age for a car driving licenceMinimum age for a car licence: 16 yrs 3 mths (provisional licence) · Earliest age to drive a car supervised: 15 yrs 6 mths (learner's permit)
  • E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class three: 14, or supervised
  • FireworksConsumers may buy and use category F2 fireworks: No (only permissible fireworks)
  • Knives and pepper sprayFolding pocket knives: Concealed list; folding knife not named · Locking or one-handed knives: Not named; "like kind" clause
  • Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $12.77 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% · Lower limit for novice or young drivers: 0.02% (under 21)

Compare with the other states and provinces →

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