Legally Reviewed by Shazam Kianpour on August 21, 2026
Texting while driving is not legal in Colorado, and the ambiguity this post originally covered has largely been resolved. Colorado now enforces a broader hands-free law that applies to holding or manually operating a mobile device while driving, closing much of the gap that once existed around the “careless and imprudent” language in the older texting statute.
Shazam Kianpour & Associates represents drivers across Denver who are cited for distracted driving or facing traffic tickets that carry more consequences than the fine on the citation suggests. Understanding how this law has evolved helps explain why a distracted driving stop today looks different than it did when this debate first began.
How Colorado’s Texting-While-Driving Law Has Changed Since 2017
When Colorado raised the penalty for texting while driving from $50 to $300 per violation, as we covered in an earlier blog on the penalty increase, the statute also required that an officer see the driver actually operating a phone in a way that caused “careless and imprudent” driving. That language created a genuine dispute among officials at the time.
A representative of the Colorado District Attorneys’ Council told the Denver Post that texting while driving without also being careless was, under the letter of the law, no longer illegal on its own. State Senator Lois Court disagreed, arguing to Colorado Politics that texting is inherently careless behavior and that the added language was meant to reinforce enforcement, not create a loophole. Law enforcement officials at the time suggested that the real dividing line was whether the vehicle was in motion while the driver was texting.
Colorado’s Current Hands-Free Law
Colorado closed much of this debate with an expanded hands-free law that took effect January 1, 2025. Under the current statute, drivers 18 and older are generally prohibited from holding or manually operating a mobile electronic device while driving, not just while texting. The update broadened the definition from “wireless telephone” to “mobile electronic device,” which covers a wider range of handheld technology than the original law addressed.
This change reduces the practical significance of the “careless and imprudent” debate that dominated coverage of the older law, since an officer no longer needs to prove careless driving to cite a driver for holding a phone in the first place.
Penalties for a Mobile Device Violation Today
Colorado’s current penalty structure for a mobile device violation increases with repeat offenses within a 24-month period:
- First offense: a fine and license suspension points.
- Second offense within 24 months: a higher fine and additional points.
- Third or subsequent offense within 24 months: the highest fine tier and the most points.
These points can accumulate alongside points from other citations, and Colorado drivers who already have points from other high-point traffic violations on their record may be closer to a license suspension than they realize.
The Hands-Free Accessory Dismissal Option
Colorado’s current law includes a narrow dismissal option. A driver cited for a mobile device violation can have the citation dismissed by producing proof of purchase of a hands-free accessory and affirming, under penalty of perjury, that they have not previously used this option to dismiss a citation. This option is available only once, and using it incorrectly, or when it does not apply, can create additional legal problems beyond the original citation.
When a Distracted Driving Citation Becomes a Bigger Legal Problem
A routine mobile device citation can escalate quickly if the underlying conduct results in an accident or is charged alongside careless driving. Colorado treats careless driving that causes injury as a more serious offense than a standard traffic infraction, and a distracted driving stop that turns into an accident investigation can expose a driver to consequences well beyond a few hundred dollars in fines. In these situations, the citation itself is often the least significant part of the case.
What This Means If You Are Cited for Distracted Driving
Because the current law no longer requires proof of careless driving for many mobile device citations, drivers have fewer built-in defenses than they did under the older statute. That does not mean a citation should be paid without review. An attorney can examine whether the officer had a clear, unobstructed view of the alleged phone use, whether the device use falls within one of the law’s exceptions, such as hands-free operation or emergency calls, and whether the hands-free accessory dismissal option applies to your situation.
Shazam Kianpour has represented Denver-area drivers in traffic matters for more than two decades, with direct experience navigating how local courts apply Colorado’s distracted driving and careless driving statutes. If you have been cited, contact our office to discuss the citation and your options before you decide how to respond.
Frequently Asked Questions About Colorado’s Texting and Hands-Free Driving Law
Is it ever legal to hold my phone while driving in Colorado?
Generally, no. Colorado’s current hands-free law prohibits drivers 18 and older from holding or manually operating a mobile electronic device while driving, with limited exceptions such as hands-free use.
Does an officer still need to prove I was driving carelessly to cite me?
Under the current hands-free law, an officer generally does not need to prove careless driving to cite a driver for holding or manually operating a device, which differs from how the older texting-specific statute was written.
Can I get a distracted driving citation dismissed?
Colorado allows a citation to be dismissed once if the driver produces proof of purchase of a hands-free accessory and affirms they have not used this option before. Additional defenses may also apply depending on the facts of the stop.
How many points does a mobile device violation add to my license?
Points increase with repeat offenses within 24 months, and these points can combine with points from other traffic violations to move a driver closer to a license suspension.
What happens if a distracted driving stop leads to an accident?
A citation can become part of a more serious case if the underlying conduct results in an accident or is charged alongside careless driving, which can carry consequences well beyond a standard traffic fine.
About the Attorney
Denver Criminal Defense Attorney
Shazam Kianpour has represented clients in more than 10,000 criminal and traffic cases across the Denver area. He is a graduate of California Western School of Law, has been licensed in Colorado since 2004, and holds a Lead Counsel Verification in criminal law covering state felony, misdemeanor, and drunk driving defense.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.