Distracted Driving in Colorado 2026 – Penalties, Points, and Court Risks

In Colorado in 2026, distracted driving is not treated as a minor lapse in judgment. It is a defined traffic offense with fixed fines, mandatory license points, long-term DMV consequences, and potential criminal exposure.

A driver who holds or manually uses a mobile electronic device faces a $75 fine and 2 license suspension points for a first offense, $150 and 3 points for a second offense within 24 months, and $250 with 4 points for a third or subsequent offense.

These points can remain on a driving record for up to seven years and directly contribute to license suspension thresholds. When distracted driving results in bodily injury or death, the offense can be elevated to a Class 1 misdemeanor, carrying up to one year in jail, higher fines, probation, and mandatory court appearances.

Colorado’s enforcement framework is built around the statewide Hands-Free Law, effective January 1, 2025. The rule is simple and strict: if a phone is in your hand while driving, the law is violated, even if the vehicle is stopped at a red light or in traffic.

Manual phone use is typically cited as a secondary offense, meaning it often accompanies another observed vviolationon such as careless driving.

What Distracted Driving Means in Colorado (2025–2026)

Colorado defines distracted driving as any action that diverts a driver’s attention away from the safe operation of a vehicle. Enforcement focuses most heavily on mobile device use because it is visible, measurable, and strongly linked to crash risk.

Holding or manually using a mobile electronic device is the most common violation. This includes texting, scrolling, dialing numbers, interacting with apps, or holding a phone for navigation. Even brief manual interaction qualifies if the device is physically in the driver’s hand while the vehicle is in operation.

The definition is not limited to phones. Activities such as eating, reading, or reaching for objects can also fall under distracted or careless driving when they interfere with vehicle control.

These behaviors are often evaluated after crashes, where distraction becomes a factor in determining fault.

Since January 1, 2025, Colorado’s Hands-Free Law requires drivers to use hands-free accessories only, including Bluetooth systems, dashboard mounts, or integrated vehicle platforms such as CarPlay or Android Auto.

The law applies at all times while operating a vehicle, including when stopped at intersections or in congestion.

Hands-Free Law Violations and Penalties

Colorado applies a tiered penalty system that increases consequences for repeat behavior. The structure is designed to discourage habitual phone use by escalating both fines and license points within a short time window.

Mobile Electronic Device Penalties (Hands-Free Law)

For first-time offenders, Colorado allows a single dismissal opportunity. If the driver submits proof that a hands-free device was purchased after receiving the citation, the ticket may be dismissed. This option is available only once and does not apply to repeat violations.

Handheld phone use is generally enforced as a secondary offense, meaning officers usually observe another violation first. In practice, this often involves careless driving, drifting between lanes, or failure to maintain proper control of the vehicle.

Texting and Manual Data Entry Under Colorado Law

In addition to the hands-free statute, Colorado enforces a separate law addressing texting and manual data entry while driving. This statute applies broadly to manual electronic interaction, even when the behavior overlaps with hands-free enforcement.

These violations are classified as Class A traffic infractions. Fines typically range from $75 to $250, depending on prior offenses, and include mandatory surcharges and license points.

While the financial penalty may appear modest, the point impact is often the more serious consequence.

If texting or manual data entry proximately causes bodily injury or death, the offense may be elevated to a Class 1 misdemeanor. At this point, the matter shifts from traffic enforcement to criminal prosecution, with significantly higher stakes for the driver.

According to Shafner Law, this escalation is especially important in crash cases, where injured parties may also pursue civil claims. In those situations, liability and fault analysis often overlap with criminal exposure.

License Points and DMV Consequences

Colorado uses a point-based system to track driver behavior. Distracted driving violations typically add two to four points per offense, depending on severity and repetition. These points can remain on a driving record for approximately seven years.

Accumulating points within a defined period can trigger license suspension proceedings with the Colorado Department of Motor Vehicles. A single distracted driving citation may not cause immediate suspension, but it often pushes drivers closer to the threshold when combined with other violations.

Insurance companies closely monitor license points. Even one distracted driving ticket commonly results in higher premiums, and repeat violations can lead to significant long-term insurance costs that far exceed the original fine.

Court Risks and Criminal Exposure

Most distracted driving citations begin as traffic infractions, but court involvement becomes likely when a driver contests the ticket or when aggravating factors are present.

Traffic Court and Plea Outcomes

Hands-free violations do not carry jail time on their own, but they still affect driving records and insurance.

Drivers may appear in court if they contest the citation, attempt to reduce fines or points, or raise defenses such as improper observation or emergency phone use.

Crashes Involving Injury or Death

When distracted driving causes bodily injury or death, prosecutors may charge the driver with a Class 1 misdemeanor traffic offense. Penalties at this level can include up to one year in jail, higher fines, probation, and mandatory court appearances.

This represents a major escalation from a standard traffic ticket and often involves long-term legal and financial consequences.

Courts sometimes prosecute fatal texting-related crashes under careless driving statutes, but this remains controversial, as critics argue that such outcomes may understate the severity of distraction-related negligence.

Additional Practical Risks for Drivers

Distracted driving enforcement carries risks beyond fines and points. Traffic stops frequently occur when phone use coincides with other unsafe behavior.

Insurance premium increases are common after citations. Over time, point accumulation increases the likelihood of license suspension, even when individual violations seem minor.