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What Is Alabama’s Hands-Free Law?

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A woman uses her cell phone while driving.

The Short Answer

Alabama’s hands-free law prohibits drivers from holding a cell phone or other electronic device while driving. The intent is to keep drivers more attentive to help improve roadway safety. The law went into effect on June 15, 2023.

Key Takeaways

  • Alabama’s Hands-Free Law prohibits holding or manually using a phone while driving—this includes texting, watching videos, and recording or broadcasting content. The law went into effect on June 15, 2023.
  • Hands-free use is allowed, meaning drivers can use Bluetooth, speakerphone, voice commands, dashboard mounts, or built-in vehicle connectivity.
  • Violations result in fines and driving record points: $25 and 1 point for the 1st offense, $50 and 2 points for the 2nd offense, and $75 and 3 points for 3rd and subsequent offenses.
  • Manual phone use is a secondary offense, meaning an officer can only pull you over for a hands-free violation if you commit another traffic offense first.
  • Distracted driving violations can impact your insurance rates and liability in an accident—Alabama’s contributory negligence law means this could bar you from recovering compensation.

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Everything You Need to Know About Alabama’s Hands-Free Law

Alabama’s Hands-Free Law aims to reduce distracted driving by prohibiting the use of handheld electronic devices while operating a vehicle. You can find this law under Alabama Code Title 32, Motor Vehicles and Traffic, § 32-5A-350.

What Is Illegal?

Under Alabama’s hands-free law, it is illegal to:

  • Hold a wireless telecommunication device while driving
  • Write, send, or read a text-based communication while driving
  • Watch a video or movie on a wireless telecommunication device
  • Record or broadcast a video on a wireless telecommunication device while driving
  • Use more than a single button or swipe of a finger to initiate voice communication while driving

Important Note: Manual cell phone use is a secondary offense. 

This means law enforcement cannot pull you over just because they saw you with your phone in your hand. An officer can only pull a driver over and issue a citation if the driver commits a different traffic offense first (like speeding, swerving, failing to stop at a marked intersection, failing to use a turn signal, etc.). 

What Is Permitted?

Hands-free usage of devices is permitted (hence the name). This includes functions like Bluetooth headsets/earpieces, speakerphones, voice commands, dashboard mounts, or connecting the phone to the vehicle. Drivers may also use handheld devices to contact emergency services, in the event of an emergency. 

What Are the Penalties?

Penalties for violating Alabama’s Hands-Free Law include monetary fines and points applied to the driver’s record. As of February 3rd, 2025, these are the monetary fines and driving record points for each offense. 

1st Offense

First offenses will cost drivers a $25 fine and 1 point on their driving record.

2nd Offense

The second offense will cost drivers a $50 fine and 2 points on their driving record, if their second offense is within 24 months of the first offense.

3rd Offense & Subsequent Offenses

The third offense will cost drivers $75 and 3 points on their driving record. 

How Can You Comply With Alabama’s Hands-Free Law?

To comply with Alabama’s Hands-Free Law and avoid penalties, we recommend the following:

1. Use Hands-Free Technology

The most simple and straightforward way to avoid any violation of the “Hands-Free” law is to use hands-free technology while driving.

Use built-in Bluetooth functions or voice-activated direct-connect software like Apple CarPlay or Android Auto to make calls or send text messages. If you need to use a GPS and don’t have a built-in display for it, use a dash-mounted holder for your phone.

2. Set Up Your Device Before Driving

Before driving off, set up everything you need to. Choose your playlist, podcast, or radio station and set your GPS destination before leaving. 

If you’re unable to answer phone calls with just one touch/swipe or by voice, it’s probably best to silence notifications until you park your car at your destination. Remember, sending or reading text messages while driving is prohibited.

3. Do Not Hold Onto Your Phone

Do not hold, type, or scroll on your phone while driving–even at a red light or stop sign. Even if you’re not actively using or looking at your phone, it’s probably best not to have it in your hand to avoid any confusion with law enforcement.

4. If You Must Use Your Phone…

Remember, you can use your phone to call 911 or emergency services, if needed. But it’s probably best to pull over safely in most emergency situations anyway.

If you’ve been in an accident caused by someone else’s negligence, Long & Long Injury Attorneys can help you seek justice. Our team is available 24/7 to discuss your case for free.

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FAQs

Does a distracted driving violation affect insurance rates?

Yes. A distracted driving violation in Alabama can affect your insurance rates. Insurance companies view hands-free law violations as a sign of risky driving behavior, which may lead to increased premiums.

How does distracted driving affect liability in a car accident?

Distracted driving can have serious consequences in an Alabama car accident when determining liability. Alabama follows a contributory negligence rule, which means if you are found to be even 1% at fault for the accident, you could be barred from recovering any compensation. 

If you were in an accident with a distracted driver, this could be used in your favor. If needed, your car accident attorney can subpoena the at-fault driver’s phone records to prove they were actively using their phone at the time of the accident.

Do You Need an Attorney for a Distracted Driving Accident?

If you or a loved one were hurt in an accident caused by a distracted driver, you may be eligible to receive compensation. Long & Long Injury Attorneys has a proven track record of winning big for our clients, and we’re ready to do the same for you. 

We serve Mobile, Orange Beach, Gulf Shores, Foley, and the surrounding areas. Don’t wait – contact us today to learn what your case could be worth.

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