Starting this month the Alabama Law Enforcement Agency and local police departments will start to apply the "Hands-Free" Driving Law. Originally adopted in 2023, the enforcement of the  Code § 32-5A-350   has begun and officers can now pull you over if they observe you using a mobile device while driving.

After the law passed, drivers had a 12-month grace period where law enforcement officials could only write warnings, but all that changed Saturday, June 1.

Alabama laws permit sending and receiving texts while at a red light. They also allow the use of headphones and headsets. Most new vehicles have a Bluetooth connection for devices so that drivers can keep their hands on the wheel.

Clarifying The Terms:

In order to explain the terms, local attorney Morris Bart has put together some helpful definitions:

Wireless Telecommunication Device

When the law refers to “wireless telecommunication devices,” it refers to the following:

• Handheld cell phones
• Personal digital assistants
• Text-messaging devices
• Other mobile communication devices that require manual input
• The term excludes any voice-operated texting devices.

Texting

Ala. Code § 32-5A-350 specifically bans writing, sending, or reading text-based communications while driving. In the scope of the law, “texting” includes email, instant messages, and text messages.

The term excludes the act of entering, selecting, or reading a name or phone number into the communication device so you can place a call.

Are There Exceptions to Alabama’s Distracted Driving Laws?

Alabama’s distracted driving laws do provide a few exceptions. Obviously, the state permits a driver to use wireless devices to contact police or other emergency services. A driver also can pull onto the shoulder of a road, park, and use their cell phones. Finally, it is not illegal to use a GPS, like Waze or Google Maps, if preprogrammed with coordinates for a final destination. 

What Happens if Alabama Police Catch a Person Driving While Distracted?

Generally, a violation of state law can be enforced in one of two ways in Alabama:

Primary Enforcement

If police see you texting while driving, they can pull you over and issue a citation for violating Alabama’s distracted driving laws.

Secondary Enforcement

Suppose a law enforcement officer spots what appears to be a young teenager talking on their cell phone while driving. In that case, police will cite this individual for violation of state distracted driving laws only if the driver breaks another law – perhaps they are speeding through a school zone—while talking on their cell phone.

Here are the penalties for using your phone while driving:

• 1st offense- $50 with one point on license
• 2nd offense- $100 with two points on license
• 3rd offense- $150 with three points on license

According to ALDOT, you are 23x more likely to be involved in a crash if texting while driving. In recent years almost 7o people in the State of Alabama die from distracted driving accidents.

ALDOT encourages drivers to silence their notifications or put their phone away to help prevent them from using it while driving.