What Colorado's mobile-device driving law prohibits and what violations cost

Colorado's prohibition on using a mobile electronic device while driving on a public highway took effect Jan. 1, 2025, for conduct on or after that date.

What kinds of mobile-device use does Colorado prohibit while driving?

The law counts physically holding a device or pinning it to a driver's ear for voice communication, watching video or a movie, and writing, sending or reading text-based communication as use. Watching navigation-related data is excluded from the video provision. Text-based communication does not include automatically converted voice messages or communications concerning vehicle navigation.

A mobile electronic device is a handheld or portable electronic device capable of voice communication between two or more people, amusement or wireless data transfer. The definition excludes specified radios, prescribed medical devices, subscription-based emergency communication devices and systems designed for and installed within a vehicle's electronics. The law defines operating a motor vehicle as driving on a public highway; maintaining a vehicle's instruments of control while it is at rest in a shoulder lane or lawfully parked is not operating it.

A speaker or listening device built into protective headgear is allowed, as is a device that covers no more than one ear and is connected to a wireless handheld telephone. A hands-free accessory enables device use without either hand, except for a single touch or swipe to activate, deactivate or initiate the feature. The Colorado Department of Transportation (CDOT) says drivers may not hold or handle a cellphone while driving, including at a traffic signal, and must handle a phone to initiate a call before entering the roadway. CDOT says the restriction applies to GPS apps; drivers must use a hands-free accessory or securely mount the phone to avoid a citation. Its listed options include dashboard or phone mounts, CarPlay or Android Auto, built-in car speaker systems and plug-in devices that enable Bluetooth through a vehicle's stereo.

When may police officers use a device while driving?

Colorado law exempts a first responder's device use during official duties. The definition of first responder includes a peace officer, firefighter, volunteer firefighter, emergency medical service provider and another person who responds professionally to a public safety emergency.

What other exceptions does Colorado law provide to the driving restriction?

Colorado law exempts device use:

• To contact a public safety entity.
• During an emergency.
• By a utility employee or contractor acting within their duties while responding to a utility emergency.
• By a city or county employee or contractor acting within their duties as a code enforcement or animal protection officer.

An emergency includes a circumstance in which a person has reason to fear for their life or safety, or believes a criminal act may be committed against them or another person, requiring device use while driving. It also includes reporting a fire, a traffic crash with apparent injuries, a serious road hazard, a medical or hazardous-materials emergency, or a reckless, careless or unsafe driver. The section does not apply to a person with a commercial driver's license who is operating a commercial vehicle.

What must an officer observe before citing a driver for unlawful device use?

A driver may not be cited unless a law enforcement officer saw the driver use a device in a way that caused careless and imprudent driving without due regard for the width, grade, curves, corners, traffic and use of the streets and highways, and all other attendant circumstances.

What fines and license points can follow a violation?

For a violation that is not the proximate cause of bodily injury or death, the law classifies the offense as a class A traffic infraction and sets fines and surcharges by the number of offenses within the immediately preceding 24 months:

• First offense: $75 fine and $10 surcharge.
• Second offense: $150 fine and $10 surcharge.
• Third or subsequent offense: $250 fine and $10 surcharge.

CDOT says a first offense carries two license suspension points and repeat offenders face more points.

Can a driver avoid conviction after being charged?

Colorado law provides that a person charged with a violation may avoid conviction by producing a hands-free accessory or proof of its purchase and affirming under penalty of perjury that they have not previously had a charge dismissed under this provision. A court clerk may dismiss the charge after verifying both requirements.

What happens if a driver's actions cause bodily injury?

A person whose actions are the proximate cause of another person's bodily injury commits a class 1 misdemeanor traffic offense.