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Since January 1, 2025, Colorado bans all drivers from using a mobile electronic device while driving unless they use a hands-free accessory. The DMV’s teen guidance still describes a stricter no-phone rule for drivers under 18, but the re-enacted statute no longer spells one out, so the safe choice for any new driver is to keep the phone away. This guide covers what changed in 2025, what the hands-free law allows, how a phone ticket hits a teen license, and the fines and points.
Key facts (as of November 2026)
- Law: C.R.S. 42-4-239, as changed by Senate Bill 24-065. The adult hands-free rule took effect January 1, 2025.
- All drivers: no holding a phone to talk and no texting; device use only through a hands-free accessory. The statute has no separate under-18 section.
- Under 18: the DMV still says no talking or texting at all, except emergency calls. Treat that as the rule to follow until the DMV updates its guidance.
- Fines under the 2024 act: $75 and 2 points (first), $150 and 3 points (second within 24 months), $250 and 4 points (third or later within 24 months). Each fine also carries a $10 surcharge.
- A charge can be dismissed once if you produce a hands-free accessory or proof you bought one and swear you have never had a charge dismissed this way before.
What changed on January 1, 2025
| Before 2025 | From January 1, 2025 | |
|---|---|---|
| Drivers under 18 | No wireless phone use while driving (separate statutory ban) | Same statute as adults; the separate under-18 section was not carried into the re-enacted law. DMV guidance still describes a teen ban |
| Drivers 18 and older | Texting banned; no hands-free requirement for calls | Hands-free accessory required; texting banned |
| Devices covered | “Wireless telephones” | “Mobile electronic devices”, a wider term |
Drivers under 18: the teen phone rule
The DMV’s under-21 permit guidance and its parent guide say teen drivers may not text or talk on a phone while driving, except emergency calls to the police or fire department, until they turn 18. The current Colorado Driver Handbook (DR 2337, 12/05/24) gives only the all-driver hands-free rule. The re-enacted C.R.S. 42-4-239 that took effect on January 1, 2025 sets one rule for all drivers and no longer includes the old under-18 section. Until the DMV and the statute line up, follow the stricter DMV advice: phone away, no calls, Bluetooth included.
Colorado’s graduated licensing fact sheet still lists a cell phone violation by a permit holder at $50 for a first offense and $100 for a second, with 1 point. Those figures come from the old law. The current statute sets $75, $150 and $250 plus a $10 surcharge, with 2, 3 and 4 points. See how points add up on a teen license in Colorado teen license restrictions and penalties.
What the hands-free law allows
- Allowed: calls and voice commands through a hands-free accessory, such as a car’s built-in system or a mounted phone with Bluetooth.
- Banned: holding and using a phone while driving, and texting.
- Always allowed: contacting law enforcement or the fire department, and emergencies.
- Also allowed: using the device while the vehicle is at rest on a shoulder or lawfully parked.
C.R.S. 42-4-239(6) requires an officer to observe device use that caused careless and imprudent driving before issuing a citation under subsection (2). It does not require a separate careless-driving conviction first. This is a citation condition, not permission to hold or text on a phone; a separate careless-driving offence can still apply. See the current statute, section 42-4-239(6).
Colorado phone fines and points
| Offense | Fine | License points |
|---|---|---|
| First within 24 months | $75 + $10 surcharge | 2 |
| Second within 24 months | $150 + $10 surcharge | 3 |
| Third or later within 24 months | $250 + $10 surcharge | 4 |
Getting a first ticket dismissed
Under C.R.S. 42-4-239(4)(b) you are not convicted if you meet both conditions: you produce a hands-free accessory or proof that you bought one, and you swear under penalty of perjury that you have not had a charge dismissed this way before. The court clerk can dismiss the charge once both are checked. It works only once. It is relief from the hand-held charge under subsection (2) only: it does not make the phone use lawful, and it does not cancel a separate careless-driving charge.
Worked example: why 2 points matter more at 17
A Colorado driver aged 17 or under faces suspension at 6 or more points in any 12 months, or 7 or more at any time while under 18. Under the current statute, a first phone ticket at 2 points uses a third of that 12-month limit, and a second within 24 months adds 3 more. Two phone tickets plus one other 1-point ticket in a year would reach 6. More on this in Colorado points and teen suspension rules.
Common questions
When did Colorado’s hands-free law start?
January 1, 2025. Before that, only drivers under 18 were banned from using a phone, under a separate section that the new law replaced.
Can a Colorado teen use GPS on a phone?
The statute treats navigation differently from calls and texts, so check with the DMV how its stricter teen guidance applies to it. Use the car’s built-in navigation if it has one, or have a passenger handle the route, and don’t touch a phone while moving. Handling the phone also risks a careless driving ticket.
Can I use my phone at a red light in Colorado?
No. The exception is for a vehicle at rest on a shoulder or lawfully parked, not one stopped in a traffic lane.
Who is exempt from the Colorado hands-free law?
The act lists emergencies, contacting a public safety entity, first responders, utility workers responding to a utility emergency, some code enforcement and animal protection officers on duty, and commercial drivers with a CDL operating a commercial vehicle.
Is the phone law on the Colorado permit test?
It can be. The Handbook covers phone use in its defensive driving section. Practice with the Colorado written permit test guide.
Back to the complete Colorado learner guide. Other states: hands-free and texting laws.
Sources
- Colorado General Assembly, “SB24-065 Mobile Electronic Devices & Motor Vehicle Driving”, signed act and bill summary (leg.colorado.gov)
- Colorado Revised Statutes 2026, sections 42-4-239 and 42-2-127(5) (Office of Legislative Legal Services)
- Colorado Division of Motor Vehicles, “Colorado Driver Handbook” (DR 2337) (dmv.colorado.gov)
- Colorado Division of Motor Vehicles, “Parent’s Supervised Driving Guide” (dmv.colorado.gov)
- Colorado Department of Transportation, “Colorado Graduated Driver Licensing Laws” fact sheet (codot.gov)