Arizona's Hands-Free Law — Is It Working?

Arizona’s hands-free law — A.R.S. § 28-914 — went into full enforcement on January 1, 2021. The law prohibits drivers from holding wireless devices while driving, including for calls, texting, and any other use. Several years in, has it made a difference?

The Enforcement Reality

Arizona law enforcement has issued thousands of citations since the law took effect. But enforcement remains uneven. The law is a secondary enforcement provision for some violations and primary for others. Many drivers still hold their phones while driving — you see it every day on Phoenix roads.

The Data Picture

Our analysis of Phoenix accident timing and volume shows that overall accident rates have not meaningfully declined since the law took effect. The 2021 and 2022 FARS data shows fatal crashes in Maricopa County at 561 and 557 respectively — the highest on record. Whether distracted driving specifically has decreased is harder to isolate, but the overall trend is not encouraging.

What the Law Means for Your Case

Regardless of enforcement levels, the law is powerful for personal injury plaintiffs. A driver who was holding their phone at the time of a crash was violating A.R.S. § 28-914, which establishes negligence per se. Cell phone records can be subpoenaed to prove the violation.

If you were hit by a distracted driver, the hands-free law is one of your strongest tools. The Law Badgers know how to obtain phone records, app usage data, and screen activity timestamps to prove the other driver wasn’t paying attention.

For more on Arizona’s texting laws, see our detailed breakdown.