Key points about Alabama’s hands-free law while driving:
- Alabama’s hands-free law covers phones and other portable electronic devices, including certain music and video players.
- Under the statewide law, police must observe distracted driving, such as swerving, along with prohibited phone use to issue a ticket.
- Penalties can include fines and points on your driver’s license.
- Phone use that contributes to a crash and injuries could bar compensation under Alabama’s contributory negligence rule.
A quick text, a call on speakerphone, or a glance at your GPS can seem harmless behind the wheel. But how you use your phone matters under Alabama’s hands-free law—and even a brief distraction can have consequences if a crash happens.
Unfortunately, there seems to be a lot of confusion around what the law does and doesn’t allow. Can you touch a mounted phone? Wear earbuds? Check a message at a red light?
Below, we help clear things up by explaining which devices the law covers, what hands-free use allows, when police can issue a ticket, and the penalties for a violation. We also discuss how using your phone could affect your right to compensation after a crash.
If you’ve been seriously injured in a car accident in Alabama and have questions or need help with your claim, schedule a free consultation with the experienced Birmingham car accident attorneys at Nomberg Law Firm.
Does Alabama have a hands-free law while driving?
Yes. Alabama passed its hands-free law, Alabama Code § 32-5A-350.1, in June of 2023.
The law is meant to keep drivers from handling their phones and other devices in ways that take their attention off the road. That includes holding a phone to talk, typing or reading messages, watching videos, and recording videos while driving.
What devices does Alabama’s hands-free law cover?
Your cellphone is the obvious example, but the law also covers portable computers, GPS receivers, text-messaging devices, and similar wireless devices. The law also covers separate music or video players, such as an MP3 player or portable video player.
Equipment that is not covered under this law includes:
- CB radios
- Commercial two-way radios
- Prescribed medical devices
- Your vehicle’s built-in navigation and safety systems
Can I wear AirPods or use other hands-free devices while driving in Alabama?
Generally, yes. You can use AirPods, Bluetooth, speakerphone, steering wheel controls, or voice commands for hands-free calls as long as you leave your phone out of your hands.
If you’re 18 or older, you can use a single tap or swipe to activate or deactivate an allowed feature, such as answering a call, on a mounted phone. However, the mount must not block your view of the road.
Raising distracted driving awareness
Can I use my phone for GPS directions while driving?
Yes. You can use your phone to follow GPS directions, but you cannot type in an address while driving. You should set your destination before you leave or pull over somewhere safe and park before entering a new one.
Are there any exceptions to Alabama’s hands-free law?
Yes. In addition to hands-free calls and GPS directions, you can use your phone to get emergency help or while parked on the shoulder of the road.
There are also exceptions for certain workers, including first responders, physicians, and utility workers handling emergencies or performing specific official duties.
Can the police pull me over just for holding my phone while driving in Alabama?
Under the statewide hands-free law, generally no. An officer must also see you swerving, crossing lanes without signaling, or otherwise driving in an impaired manner while using your phone.
Seeing a phone in your hand is typically not enough on its own to justify a stop and ticket under this state law.
However, some cities have stricter rules. In Huntsville, for example, an officer can stop you for holding your phone while driving without first seeing you swerve or commit another violation, unless an exception applies. So where you’re driving can make a difference.
Is it illegal to use my phone while I’m stopped at a red light in Alabama?
Holding your phone while stopped at a red light is not enough, by itself, for a ticket under Alabama’s statewide law. An officer must also observe that it’s interfering with your driving.
However, if you don’t start driving when the light turns green because you’re reading a message, an officer could consider that distracted driving and potentially issue a ticket.
What is the penalty for breaking Alabama’s hands-free law?
Violating Alabama’s hands-free law is a Class C misdemeanor that could lead to a fine and points on your license. The fines increase for repeat convictions within a 24-month period.
Conviction
First
Second
Third or subsequent
Maximum fine
$50
$100
$150
Points on your license
1
2
3
If this is your first charge for holding a phone while driving, you may be able to avoid a conviction by showing the court that you have a phone mount or another device that lets you use your phone hands-free. You can bring the device or proof of purchase. This option is available only once.
If you accumulate 12 or more points for traffic violations within 2 years, your driver’s license can be suspended.
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Learn when to report a car crash in Alabama and how to get a copy of the police report.
Can you go to jail for holding your phone while driving in Alabama?
No. The hands-free law specifically says police cannot take you into custody solely for violating it. The penalties listed in the law are fines and license points.
However, that doesn’t mean you can’t be arrested for a separate offense after the officer pulls you over.
If I’m using my phone while driving and someone crashes into me, can I still get compensation in Alabama?
Possibly, but using your phone could give the other driver’s insurer a reason to blame you for part of the crash. Here’s why that matters.
Alabama follows a strict contributory negligence rule. That means if your own carelessness helped cause your injuries, you can generally lose your right to recover compensation from the other driver through a negligence claim—even when that driver was 99% responsible.
For example, if another driver pulls out in front of you while you’re reading a text, their insurer could argue that you would have seen the car and had time to brake if you had been watching the road. If your distraction contributed to the crash and your injuries, that could prevent you from recovering compensation for property damage to your car, medical bills, lost income, and other losses.
But simply having a phone in your hand does not automatically mean that the accident was partly your fault. The other side still has to show that your negligent behavior contributed to your injuries.
If phone use becomes an issue in your claim or there’s a dispute over who’s at fault, speak with a local Alabama car accident attorney before accepting a denial. It may be possible to use witness statements, crash footage, phone records, and other evidence to show that the accusation doesn’t hold up.
Have questions about your rights after a car crash in Birmingham?
After a serious crash, it can be difficult to focus on recovery while an insurance company is questioning what you did behind the wheel. You deserve an attorney who will listen to your side of the story, help gather and examine the evidence, and give you straightforward answers.
Nomberg Law Firm has spent more than 50 years representing injured Alabamians. Our attorneys live and work in the communities we serve, and our Birmingham roots shape the personal attention we bring to each case. We understand that an injury can disrupt your livelihood, your family’s routines, and your plans for the future.
Our Birmingham car crash lawyers will help you understand your options and pursue compensation that accounts for those consequences, whether through settlement negotiations or trial.
If you or a loved one has been injured in a car accident because of someone else’s negligence, contact Nomberg Law Firm today for a free consultation to learn how we can help you get the full compensation you deserve.