What is the “Hands-Free Arizona” Law?

Distracted driving involves a range of possible distractions – anything from eating to daydreaming can put motorists at risk. However, one form of distracted driving seems to be more prevalent and dangerous than the others. Using phones, and texting in particular, is a known risk factor for terrible collisions. The State now bans the use of handheld mobile devices while driving under the “Hands-Free Arizona” law. Lawmakers and organizations like End Distracted Driving are working on solutions like this law, which they hope will reduce these crashes, especially since so many of these incidents cost people their lives.

The Arizona Department of Transportation (ADOT) found that distracted driving contributed to 8,657 collisions in 2023. Sadly, 62 of those collisions were fatal. The true number may even be higher because drivers often deny being distracted, and some of the victims killed in these collisions may have been distracted as well. The number of serious distracted driving collisions has even led to comparisons with drunk driving, and some speculate that, especially for younger generations, texting while driving is the new drunk driving. The comparison offers some hope – DUIs have declined 50% since 1980 thanks to advocacy and stricter laws. Hopefully, the hands-free law will have a similar impact and greatly reduce distracted driving across Arizona.

Details on the Hands-Free law

In 2019, Arizona passed its Hands-Free law, which then went into effect on January 1, 2021. Drivers should familiarize themselves with a few basic facts about the law, including:

• No handheld use allowed: Drivers cannot hold or support a phone or other mobile device while driving. This includes reading or typing messages, taking pictures, or watching videos.
• There are a few exceptions: Drivers can use mobile devices hands-free, such as with Bluetooth or voice-activated commands. There are also exceptions for calling 911 or other emergency services.
• Fines rise with repeat violations: Violations come with fines. First-time offenders can face a fine between $75 and $149, and repeat offenses can result in fines between $150 and $250.
• The law is a primary offense: A primary offense is one that law enforcement officers can pull over drivers for, even if they did not commit another traffic violation. Using a handheld device is classified as a primary offense, meaning officers don’t need another reason to initiate a stop. This is different from the state’s seatbelt law, which only allows officers to cite drivers for failing to use a seatbelt if they pull them over for another offense (with the exception of unrestrained children, which is a primary offense).

Why did Arizona pass a hands-free law?

The main goal of this law is to improve public safety by reducing accidents, injuries, and fatalities caused by distracted drivers. Arizona also found that the state needed one uniform law. Before this legislation, some Arizona cities and municipalities had their own ordinances against texting and driving. These city laws created a patchwork of rules and regulations, leading to inconsistencies that could confuse drivers. The Hands-Free law sets one standard for the whole state.

Similar laws in other states have also been proving successful. Michigan, Alabama, Ohio, and Missouri all managed to reduce distracted driving-related accidents after enacting their own laws against the use of handheld electronics while driving.

How does hands-free technology help prevent accidents?

Hands-free technology helps prevent accidents by lowering the level of distraction for drivers. Drivers who keep their focus on the road cause far fewer accidents than those who are distracted. Switching from hand-held to hands-free technology use improves attention in several ways.

Reduced visual distraction

Using handheld devices forces drivers to divide their attention between looking at the road and their screen. Hands-free devices eliminate the need to physically hold and look at a phone. This means that drivers can keep their eyes on the road. According to the National Highway Traffic Safety Administration (NHTSA), looking away from the road for five seconds at 55 mph is equivalent to driving the length of a football field blindfolded.

Minimized manual distraction

Using a handheld device requires at least one hand to operate, meaning the driver has less control over the vehicle. Hands-free devices work through voice commands. In-car systems like Bluetooth allow users to make calls or send messages without taking their hands off the steering wheel or their eyes off the road.

Fewer cognitive distractions

Even using a hands-free device can distract a driver. However, using voice commands tends to be less distracting than relying on a hand-held device for typing, reading messages or looking up directions.

Has the Hands-Free Arizona law had a positive impact?

Since Arizona began enforcing the law in 2021, the state has seen reduced distracted driving incidents, suggesting that the law is helping reduce this dangerous behavior. Early data suggests that states with similar hands-free laws witnessed a 16 percent reduction in traffic fatalities related to distracted driving. Arizona has already issued thousands of citations since the law took effect. Those citations are increasing awareness and making it costly to continue to engage in distracted driving.

With these restrictions, Arizona may be able to reduce the number of fatal and non-fatal accidents, many of which involve drivers distracted by their phones. If successful, all road users across the state will benefit from this safer driving environment.

If you or a loved one was severely injured by a distracted driver, the Phoenix distracted driving lawyers at Plattner Verderame, P.C. can help. We have years of experience representing victims of serious car accidents. Call us or fill out our contact form to schedule your free initial consultation.