Crime & Traffic

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 include cell phones, laptops, and other portable electronics. It does not include a GPS or navigation system that is integrated into the car.

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,
• Watch videos or TV while driving,
• Participate in any video-conferencing application such as Zoom, Microsoft Teams, or Webex, and access any social media site such as Facebook, Snapchat, Instagram, or Twitter. 

A driver can use a cell phone while driving in the following situations:

• To report an emergency and get help from emergency personnel,
• When parked on the shoulder of the road,
• While stopped due to normal traffic being obstructed, if the car is in neutral or park, and
• When using a hands-free or voice-operated function on a phone, like a headset, Bluetooth device, earpiece, or speakerphone. However, a driver may not use a hands-free or voice-operated function to watch or stream video, participate in video conferencing, or access social media.

The fines for using a cell phone or other "electronic communication device" 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 causes a car accident while using a cell phone or another electronic communication device may face criminal charges and jail time. Penalties include:

• Class A misdemeanor: A lesser crime punishable by a fine or confinement in county jail for up to one year. If the driver causes an accident that results in serious injury to another person, such as great bodily harm, permanent disability, A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. or disfigurement. The penalty can include up to 1 year in jail and a fine between $1,000 and $2,500.
• A Class 4 felony: A serious crime that is punishable by more than one year in prison If the driver causes an accident that results in the death of another person. The penalty can include 1 to 3 years in jail and a fine between $1,000 and $25,000.

Using your cell phone or other electronic communication device, including talking or texting, 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 receiving 3 moving violations in a year, including using a phone while driving. 

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.