Using cell phones while driving

By Illinois law, distracted driving, including using your cell phone, or any other "electronic communication device" while driving a car is illegal in most cases. "Electronic communication devices" means cell phones, laptops, and other portable electronics.

It is illegal to drive and:

• Talk on a cell phone, 
• Text or e-mail ,
• Wear headphones while driving, unless it is a single-sided headset for a cell phone, and
• Watch videos or TV while driving*.

*Effective January 1, 2024, it is illegal to drive while participating in any video-conferencing application such as Zoom, Microsoft Team, or Webex. You also cannot access any social media sites such as Facebook, Snapchat, Instagram, or Twitter. 

A driver can use a cell phone while driving in the following situations (see* below for changes starting in 2024):

• To report an emergency and get help,
• When a driver is on the shoulder of the road and parked,
• While stopped due to normal traffic being obstructed and the car is in neutral or park,
• When using a GPS device, including devices that come with the car, and
• When using a hands-free or voice-operated function on a phone, like a headset, Bluetooth device, earpiece, or speakerphone.

*Effective January 1, 2024, other than to report an emergency, these exemptions do not apply when a person is using an electronic device to watch or stream video, participate in video conferencing, or access social media. 

Fines for using a cell phone while driving include:

• $75 the first time,
• $100 the second time,
• $125 the third time, and
• $150 for every time after the third time.

A driver who gets into an car accident while using a cell phone or any other electronic communication may face criminal charges and jail. Penalties for using a cell phone while driving include:

• A Class A misdemeanor (up to $1,000 fine) if the driver causes an accident that results in someone else being badly injured, including great bodily harm, permanent disability, or disfigurement, and
• A Class 4 felony (up to 3 years in jail and up to $25,000 fine) if the driver causes an accident that results in death of another person.

Talking or texting on your cell phone is an official moving violation in Illinois. This means that you can be fined even for your first offense and that each driving violation will be counted towards your driving record.

A driver may also have his or her license suspended after getting caught 3 times in a year.

Note: Drivers under 19 can never use cell phones, even ones that are hands-free, except in case of emergency to contact a law enforcement agency, health-care provider, or emergency services agency.

For more information, see 625 ILCS 5/12-610.2 and Illinois Rules of the Road.