Understanding Colorado’s New Cell Phone Driving Law: What You Need to Know

On January 1, 2025, Colorado will implement a new law aimed at reducing distracted driving. The law will prohibit drivers from using their mobile phones unless they are using a hands-free accessory. This law, commonly known as the “Hands-Free Law,” is part of a broader effort to address the alarming increase in distracted driving accidents across the state. For any Coloradans accustomed to checking emails, sending texts, or making calls behind the wheel, this law will change the way you drive.

Why Is This Law Necessary?

The new law comes in response to a surge in distracted driving-related crashes in Colorado. According to the Colorado Department of Transportation (CDOT), over the last five years, distracted driving contributed to over 700 fatalities and 15,000 crashes. 

Distracted driving also poses a particularly high risk to cyclists and other vulnerable road users. Pedestrians are a major concern when it comes to distracted driving. Between 2015 and 2023, pedestrian deaths in Colorado increased by 50%. Cyclist fatalities rose by 112.5%, all while the state’s population grew by less than 8%. This stark increase highlights the urgent need to address distractions on the road, and the Hands-Free Law is designed to do just that.

What Does the Hands-Free Law Entail?

The new law bans the use of a mobile electronic device while driving unless the driver is using a hands-free accessory. Hands-free devices include Bluetooth technology or a phone mounted on a vehicle’s dashboard. Drivers who need to make calls or send messages must use these devices, ensuring their hands stay on the wheel and their eyes stay on the road. 

Colorado will become the 30th state in the U.S. to implement this law, joining the growing number of states recognizing the dangers of mobile phone use while driving.

The Impact of Distracted Driving

Distracted driving is one of the leading causes of accidents in Colorado. A 2023 survey by CDOT found that 76% of drivers admitted to using their phones while driving, and 45% said they would stop using their phones if they had a hands-free feature available. The dangers of distracted driving are not limited to texting or talking on the phone. Other behaviors like eating, adjusting the radio, and checking GPS apps also qualify as distractions.

Between 2012 and 2022, there were 718 fatalities in Colorado attributed to distracted driving. With over 420,000 collisions and 1,000 fatalities nationwide each year, it’s clear that distracted driving is a significant public safety issue. 

 

What Are the Penalties for Violating the Hands-Free Law?

Colorado drivers caught using their phone while driving will face fines and points on their license. Here is a breakdown of the penalties:

– First Offense: A $75 fine and 2 points on your driver’s license. If the driver can show proof of purchasing a hands-free accessory, the charge may be dismissed.

– Second Offense (within two years): A $250 fine and 4 points on the driver’s license. For reference, a speeding violation of 10 to 19 miles per hour over the limit also results in 4 points.

– If the Violation Causes an Accident: If a driver’s phone use is determined to be the proximate cause of a car accident resulting in injuries or death, the driver could be charged with a Class 1 traffic misdemeanor. This charge carries penalties of up to one year in jail and a $1,000 fine.

The penalties reflect how serious the state takes distracted driving. If you are caught violating this law, it could cost you both financially and result in a suspended driver’s license.

Are There Exceptions to the Law?

As with many laws, there are exceptions. Drivers are permitted to hold and use their phones in certain circumstances:

– Emergency Situations: Drivers can use their phones to report an emergency. First responders and utility contractors responding to emergencies are also exempt from the law.

– If the Vehicle is Parked: Drivers can use their phones when their vehicle is parked. This exception, however, does not apply if the vehicle is still in motion, even if it is temporarily stopped at a traffic light.

– Secondary Offense: The Hands-Free Law is a secondary offense. This means that a driver cannot be pulled over solely for using their phone. Law enforcement can only pull over drivers if they already committed another violation, such as speeding.

The Road Ahead: Improving Road Safety in Colorado

This new law is part of Colorado’s broader efforts to improve road safety. As part of these efforts, CDOT launched the “Advancing Transportation Safety Program” (ATSP), which focuses on four key areas:

– Safe Drivers: Identifying dangerous driving behaviors and working to change them.

– Safe People: Protecting vulnerable road users such as pedestrians, cyclists, and motorcyclists.

– Safe Roads: Improving road designs to prevent accidents, such as adding roundabouts and enhanced road markings.

– Post-Crash Care: Ensuring quick and efficient emergency responses after accidents.

This multi-faceted approach reflects the state’s commitment to making the roads safer for everyone. Driver behavior, however, must change if Colorado is to reduce the number of accidents caused by distracted driving.

How Will the Hands-Free Law Change Driver Behavior?

The question on many drivers’ minds is whether this new law will lead to a significant decrease in distracted driving-related accidents. CDOT believes that this law will encourage safer driving habits, because it removes the temptation of picking up a phone while driving. While some may find it inconvenient at first, the law is aimed at saving lives. It’s important to recognize that even a brief moment of distraction can lead to serious accidents, especially in a state like Colorado with challenging driving conditions.

Drivers are often unwilling to put down their phones, with many admitting they are “addicted” to checking their devices while behind the wheel. As Sam Cole, CDOT’s Traffic Safety Manager, points out, “When you take your hands off the wheel to pick up that phone or take your eyes off the road to check that text, that is dangerous. That’s what’s causing a lot of these crashes on our roads.”

What Should Colorado Drivers Do Now?

Since the law won’t go into effect until January 2025, drivers have time to adjust their behavior and prepare for the changes. Here are a few steps to take now:

– Invest in Hands-Free Technology: If you don’t already have a Bluetooth device or a phone mount, now is the time to purchase one. These devices will allow you to stay compliant with the new law while keeping your focus on the road.

– Make Safe Driving a Habit: Get into the habit of putting your phone away while driving. You can save yourself from fines and points on your license and, more importantly, avoid accidents.

– Stay Informed: Keep up with any updates or changes to the law so you can stay fully informed as the implementation date approaches.

Colorado’s new hands-free law marks a major step in addressing the dangers of distracted driving. By removing mobile phone use as a distraction, the law aims to save lives, reduce accidents, and make the roads safer for everyone. As the law comes into effect, drivers should prepare by investing in hands-free devices and adopting safer driving habits. The law is one part of a broader effort by CDOT and other state agencies to reduce traffic fatalities and make Colorado’s roads safer for all.

If you’ve been involved in a distracted driving accident or need help understanding how this new law might impact your case, reach out to a trusted Colorado personal injury lawyer at the Hoffman Law Firm for guidance.