Put Those Cellphones Down — Arizona's Texting While Driving Law

By now, we’ve all heard the public service ads urging us not to text and drive. Texting and driving is not only dangerous — it’s illegal in Arizona. In 2019, Arizona joined the majority of states in passing a hands-free law, and the penalties apply to more than just texting.

What Arizona Law Prohibits

Under A.R.S. § 28-914, it is illegal for a driver to use a portable wireless communication device in a manner that requires using your hand while operating a motor vehicle. This includes writing, sending, or reading text messages, browsing the internet, watching videos, taking photos or recording video, and holding your phone to make calls.

You can use voice-activated or hands-free features, use a single swipe or tap to activate or deactivate a feature, use GPS navigation that doesn’t require holding the device, and use your phone when legally parked.

Penalties

First offense: $75 to $149 fine. Subsequent offenses: $150 to $250 fine. These are civil traffic violations — they don’t go on your criminal record, but they do go on your driving record.

How This Affects Personal Injury Cases

For car accident victims, the texting law is powerful. A violation of A.R.S. § 28-914 constitutes negligence per se — meaning the distracted driver is automatically considered negligent if their violation caused the accident. You don’t have to separately prove they were careless. The law violation itself establishes that element.

Cell phone records can be subpoenaed to show the other driver was actively using their phone at the time of the crash. App usage data, text message timestamps, and screen activity logs all become evidence.

The Bottom Line

Put the phone down. No text is worth a life. And if someone else didn’t put their phone down and hit you because of it, the Law Badgers will hold them accountable.